AN ACT relating to
motor vehicles; authorizing the Department of Motor Vehicles to produce and
issue vintage license plates for motor vehicles manufactured before or during
the year 1942; providing that such vintage license plates must be produced by
the Department using digital technology; imposing a fee for the issuance and
renewal of such vintage license plates; expanding the purposes for which money
in the Revolving Account for the Issuance of Special License Plates may be
used; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
482 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The Department may produce and issue vintage license
plates to residents of Nevada for any motor vehicle manufactured not later than
1942.

2. Vintage license plates issued pursuant to this
section must be produced by the Department:

(a) Using only digital technology for the production
of the plates; and

(b) To appear, insofar as is practicable, the same as
the license plates that were issued in Nevada during the year of manufacture of
the particular motor vehicle to which the vintage license plates will be
affixed.

3. The fee for
vintage license plates issued pursuant to this section is $35, in addition to
all other applicable registration and license fees and governmental services
taxes. The vintage license plates are renewable upon the payment of $10.

4. If, during
a registration year, the holder of vintage license plates issued pursuant to
the provisions of this section disposes of the vehicle to which the plates are
affixed, the holder shall:

(a) Retain the
plates and affix them to another vehicle that meets the requirements of this
section if the holder pays the fee for the transfer of the registration and any
registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the
vehicle, return them to the Department.

Sec. 2. NRS 482.1805 is hereby amended to read
as follows:

482.1805 1. The Revolving Account for the Issuance of
Special License Plates is hereby created as a special account in the Motor
Vehicle Fund. An amount equal to $35 of the fee received by the Department for
the initial issuance of a special license plate, not including any additional
fee which may be added to generate financial support for a particular cause or
charitable organization, must be deposited in the Motor Vehicle Fund for credit
to the Account.

(a) Pay the
expenses involved in issuing special license plates [.]; and

(b) Purchase
improved and upgraded technology, including, without limitation, digital
technology for the production of special license plates, to ensure that special
license plates are produced in the most efficient manner possible.

3. Money in the Account must be used only for the [purpose]purposes specified
in subsection 2.

4. At the end of each fiscal year, the State Controller
shall transfer from the Account to the State Highway Fund an amount of money
equal to the balance in the Account which exceeds $50,000.

Sec. 3. NRS 482.216 is hereby amended to read as
follows:

482.216 1. Upon the request of a new vehicle dealer,
the Department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new
motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to applicants
who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of
registration pursuant to NRS 482.399 if the applicant purchased from the new
vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized to issue
certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the
Department within the period prescribed by the Department;

(b) Transmit the fees he collects from the applicants
and properly account for them within the period prescribed by the Department;

(c) Comply with the regulations adopted pursuant to
subsection 4; and

(d) Bear any cost of equipment which is necessary to
issue certificates of registration, including any computer hardware or
software.

3. A new vehicle dealer who is authorized to issue
certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the performance of
those services;

(b) Receive compensation from the Department for the
performance of those services;

(c) Accept applications for the renewal of registration
of a motor vehicle; or

(d) Accept an application for the registration of a
motor vehicle if the applicant wishes to:

(1) Obtain special license plates pursuant to
NRS 482.3667 to 482.3825, inclusive [;], and section 1 of this act; or

(2) Claim the exemption from the governmental
services tax provided pursuant to NRS 361.1565 to veterans and their relations.

4. The Director shall adopt such regulations as are
necessary to carry out the provisions of this section. The regulations adopted
pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates
and decals by the Department; and

(b) The withdrawal of the authority granted to a new
vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the
regulations adopted by the Department.

482.500 1. Except as otherwise provided in subsection
2 or 3, whenever upon application any duplicate or substitute certificate of
registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration............................................................ $5.00

For every substitute number plate or
set of plates............................. 5.00

For every duplicate number plate or
set of plates........................... 10.00

For every decal displaying a county
name.......................................... .50

For every other decal, license plate
sticker or tab.............................. 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS
482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to
482.3816, inclusive, and section 1
of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) Except as otherwise provided in NRS 482.37937 and
482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or
sample license plate issued pursuant to NRS 482.2703, a fee equal to that
established by the Director for the issuance of those plates.

3. A fee must not be charged for a duplicate or
substitute of a decal issued pursuant to NRS 482.37635.

4. The fees which are paid for duplicate number plates
and decals displaying county names must be deposited with the State Treasurer
for credit to the Motor Vehicle Fund and allocated to the Department to defray
the costs of duplicating the plates and manufacturing the decals.

5. As used in this section:

(a) Duplicate number plate means a license plate or a
set of license plates issued to a registered owner which repeat the code of a
plate or set of plates previously issued to the owner to maintain his
registration using the same code.

(b) Substitute number plate means a license plate or
a set of license plates issued in place of a previously issued and unexpired
plate or set of plates. The plate or set of plates does not repeat the code of
the previously issued plate or set.

Sec. 5. 1. This section and section 2 of this act
become effective upon passage and approval.

2. Sections 1, 3 and 4 of this act become effective on
October 1, 2003.

________

κ2003
Statutes of Nevada, Page 3349κ

CHAPTER 497, AB 320

Assembly Bill No. 320Committee on Judiciary

CHAPTER 497

AN ACT relating to
malpractice; providing for certain defendants in malpractice actions to receive
specified information from independent counsel under certain circumstances;
prohibiting certain organizations from charging a fee for including the name of
a provider of health care on a panel of providers of health care under certain
circumstances; prescribing the manner in which a contract with a provider of
health care may be modified; requiring the development and use of a uniform
form for obtaining information regarding the credentials of providers of health
care for the purposes of contracts; requiring the submission of a schedule of
payments to a provider of health care under certain circumstances; expanding
the scope of certain deceptive trade practices to include health maintenance
organizations; expanding the scope of statutorily defined unfair practices to
include certain actions by managed care organizations; authorizing suspension,
limitation and revocation of the authority of certain insuring entities for
failure to timely pay approved claims or for violating provisions of the Nevada
Insurance Code under certain circumstances; authorizing intervention in certain
insurance ratemaking proceedings; requiring the Commissioner of Insurance to
disapprove a proposed increase in rates for malpractice insurance under certain
circumstances; prescribing procedures for withdrawal of certain insurers from
the malpractice insurance market in this state; requiring disclosure of reasons
for certain underwriting decisions; requiring certain policies of health
insurance and health care plans to provide coverage for continued medical treatment
by a provider of health care under certain circumstances; revising the
circumstances under which the Commissioner of Insurance may suspend or revoke a
certificate of authority issued to a health maintenance organization; requiring
certain public organizations that provide health insurance to provide coverage
for continued medical treatment by a provider of health care under certain
circumstances; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 679A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. If an organization establishes a panel of providers of
health care and makes the panel available for use by an insurer when offering
health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C
of NRS, the organization shall not charge the insurer or a provider of health
care:

(a) A fee to include the name of the provider on the
panel of providers of health care; or

(b) Any other
fee related to establishing a provider of health care as a provider for the
organization.

2. If an
organization violates the provisions of subsection 1, the organization shall
pay to the insurer or provider of health care, as appropriate, an amount that
is equal to twice the fee charged to the insurer or provider of health care.

3. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

4. In addition
to any relief granted pursuant to this section, if an organization violates the
provisions of subsection 1, and if an insurer offering health care services
pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS has a contract
with or otherwise uses the services of the organization, the Division shall
require the insurer to suspend its performance under the contract or
discontinue using those services until the organization, as determined by the
Division:

(a) Complies
with the provisions of subsection 1; and

(b) Refunds to
all providers of health care any fees obtained by the organization in violation
of subsection 1.

Sec. 2. Chapter 683A of NRS is hereby amended
by adding thereto a new section to read as follows:

If an
administrator, managing general agent or producer of insurance, or a health
maintenance organization when acting as an administrator pursuant to NRS
683A.0851 or a nonprofit corporation for hospital or medical services when
acting as an administrator pursuant to NRS 683A.0852, contracts with a provider
of health care to provide health care to an insured pursuant to this chapter,
the administrator, managing general agent, producer of insurance, health
maintenance organization or nonprofit corporation for hospital or medical
services shall:

1. If requested by the provider of health care at the
time the contract is made, submit to the provider of health care a copy of the
schedule of payments applicable to the provider of health care; or

2. If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in subsection 1
within 7 days after receiving the request.

Sec. 3.NRS 683A.0879 is hereby amended to
read as follows:

683A.0879 1. Except as otherwise provided in
subsection 2, an administrator shall approve or deny a claim relating to health
insurance coverage within 30 days after the administrator receives the claim.
If the claim is approved, the administrator shall pay the claim within 30 days
after it is approved. Except as otherwise provided in this section, if the
approved claim is not paid within that period, the administrator shall pay
interest on the claim at a rate of interest equal to the prime rate at the largest
bank in Nevada, as ascertained by the Commissioner of Financial Institutions,
on January 1 or July 1, as the case may be, immediately preceding the date on
which the payment was due, plus 6 percent. The interest must be calculated from
30 days after the date on which the claim is approved until the date on which
the claim is paid.

2. If the administrator requires additional
information to determine whether to approve or deny the claim, he shall notify
the claimant of his request for the additional information within 20 days after
he receives the claim. The administrator shall notify the provider of health
care of all the specific reasons for the delay in approving or denying the
claim. The administrator shall approve or deny the claim
within 30 days after receiving the additional information.

administrator shall approve or deny the claim within 30 days
after receiving the additional information. If the claim is approved, the
administrator shall pay the claim within 30 days after he receives the
additional information. If the approved claim is not paid within that period,
the administrator shall pay interest on the claim in the manner prescribed in
subsection 1.

3. An administrator shall not request a claimant to
resubmit information that the claimant has already provided to the
administrator, unless the administrator provides a legitimate reason for the
request and the purpose of the request is not to delay the payment of the
claim, harass the claimant or discourage the filing of claims.

4. An administrator shall not pay only part of a claim
that has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this
section for the late payment of an approved claim may be waived only if the
payment was delayed because of an act of God or another cause beyond the
control of the administrator.

7. The Commissioner may require an administrator to
provide evidence which demonstrates that the administrator has substantially
complied with the requirements set forth in this section, including, without
limitation, payment within 30 days of at least 95 percent of approved claims or
at least 90 percent of the total dollar amount for approved claims.

8. If
the Commissioner determines that an administrator is not in substantial
compliance with the requirements set forth in this section, the Commissioner
may require the administrator to pay an administrative fine in an amount to be
determined by the Commissioner. Upon
a second or subsequent determination that an administrator is not in
substantial compliance with the requirements set forth in this section, the
Commissioner may suspend or revoke the certificate of registration of the
administrator.

Sec. 4. (Deleted by amendment.)

Sec. 5. Chapter 686B of NRS is hereby amended
by adding thereto a new section to read as follows:

If a filing
made with the Commissioner pursuant to paragraph (a) of subsection 1 of NRS
686B.070 pertains to insurance covering the liability of a practitioner
licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his
professional duty toward a patient, any interested person, and any association
of persons or organization whose members may be affected, may intervene as a
matter of right in any hearing or other proceeding conducted to determine
whether the applicable rate or proposed increase thereto:

1. Complies
with the standards set forth in NRS 686B.050 and subsection 2 of NRS 686B.070.

2. Should be
approved or disapproved.

Sec. 6. NRS 686B.020 is hereby amended to
read as follows:

686B.020 As used in NRS 686B.010 to 686B.1799,
inclusive, and section 5 of this
act, unless the context otherwise requires:

1. Advisory organization, except as limited by NRS
686B.1752, means any person or organization which is controlled by or composed
of two or more insurers and which engages in activities related to rate making.
For the purposes of this subsection, two or more insurers with common ownership or operating in this state under common ownership
constitute a single insurer.

4. Supplementary rate information includes any
manual or plan of rates, statistical plan, classification, rating schedule,
minimum premium, policy fee, rating rule, rule of underwriting relating to
rates and any other information prescribed by regulation of the Commissioner.

Sec. 7. NRS 686B.040 is hereby amended to
read as follows:

686B.040 [The]

1. Except
as otherwise provided in subsection 2, the Commissioner may by
rule exempt any person or class of persons or any market segment from any or
all of the provisions of NRS 686B.010 to 686B.1799, inclusive, and section 5 of this act, if
and to the extent that he finds their application unnecessary to achieve the
purposes of those sections.

2. The
Commissioner may not, by rule or otherwise, exempt an insurer from the
provisions of NRS 686B.010 to 686B.1799, inclusive, and section 5 of this act,
with regard to insurance covering the liability of a practitioner licensed
pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his
professional duty toward a patient.

Sec. 8. NRS 686B.070 is hereby amended to
read as follows:

686B.070 1.
Every authorized insurer and every rate service organization
licensed under NRS [686B.130]686B.140 which has been designated by any
insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file
with the Commissioner all:

[1.](a) Rates and proposed increases thereto;

[2.](b) Forms of policies to which the rates
apply;

[3.](c) Supplementary rate information; and

[4.](d) Changes and amendments thereof,

made by it for use in this state.

2. If an
insurer makes a filing for a proposed increase in a rate for insurance covering
the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or
633 of NRS for a breach of his professional duty toward a patient, the insurer
shall not include in the filing any component that is directly or indirectly
related to the following:

(a) Capital
losses, diminished cash flow from any dividends, interest or other investment
returns, or any other financial loss that is materially outside of the claims
experience of the professional liability insurance industry, as determined by
the Commissioner.

(b) Losses
that are the result of any criminal or fraudulent activities of a director,
officer or employee of the insurer.

If the Commissioner determines that a filing includes any
such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove
the proposed increase, in whole or in part, to the extent that the proposed
increase relies upon such a component.

Sec.
8.3.NRS 686B.090 is hereby amended to read as follows:

686B.090 1. An insurer shall establish rates and
supplementary rate information for any market segment based on the factors in
NRS 686B.060. If an insurer has insufficient creditable loss experience, it may
use rates and supplementary rate information prepared by a rate service
organization, with modification for its own expense and loss experience.

2. An insurer may
discharge its obligation under subsection
1 of NRS 686B.070 by giving notice to the Commissioner that it
uses rates and supplementary rate information prepared by a designated rate
service organization, with such information about modifications thereof as are
necessary fully to inform the Commissioner. The insurers rates and supplementary
rate information shall be deemed those filed from time to time by the rate
service organization, including any amendments thereto as filed, subject [,
however,] to the modifications filed by the insurer.

Sec. 8.7.NRS 686B.110 is hereby amended to
read as follows:

686B.110 1. The Commissioner shall consider each
proposed increase or decrease in the rate of any kind or line of insurance or
subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the
Commissioner finds that a proposed increase will result in a rate which is not
in compliance with NRS 686B.050 [,]or subsection 2 of NRS 686B.070, he shall
disapprove the proposal. The Commissioner shall approve or disapprove each
proposal no later than 60 days after it is determined by him to be complete
pursuant to subsection 4. If the Commissioner fails to approve or disapprove
the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates
as a result of the Commissioners disapproval of rates or other act, the
Commissioner shall on request specify interim rates for the insurer that are
high enough to protect the interests of all parties and may order that a
specified portion of the premiums be placed in an escrow account approved by
him. When new rates become legally effective, the Commissioner shall order the
escrowed funds or any overcharge in the interim rates to be distributed appropriately,
except that refunds to policyholders that are de minimis must not be required.

3. If the Commissioner disapproves a proposed rate and
an insurer requests a hearing to determine the validity of his action, the
insurer has the burden of showing compliance with the applicable standards for
rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing
must be held:

(a) Within 30 days after the request for a hearing has
been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the
Commissioner.

If the hearing is not held within the period specified in
paragraph (a) or (b), or if the Commissioner fails to issue an order concerning
the proposed rate for which the hearing is held within 45 days after the
hearing, the proposed rate shall be deemed approved.

4. The Commissioner shall by regulation specify the
documents or any other information which must be included in a proposal to
increase or decrease a rate submitted to him pursuant to
subsection 1.

decrease a rate submitted to him pursuant to subsection 1.
Each such proposal shall be deemed complete upon its filing with the
Commissioner, unless the Commissioner, within 15 business days after the
proposal is filed with him, determines that the proposal is incomplete because
the proposal does not comply with the regulations adopted by him pursuant to
this subsection.

Sec. 9. Chapter 689A of NRS is hereby amended
by adding thereto a new section to read as follows:

1. The
provisions of this section apply to a policy of health insurance offered or
issued by an insurer if an insured covered by the policy receives health care
through a defined set of providers of health care who are under contract with
the insurer.

2. Except as otherwise provided in this section, if
an insured who is covered by a policy described in subsection 1 is receiving
medical treatment for a medical condition from a provider of health care whose
contract with the insurer is terminated during the course of the medical
treatment, the policy must provide that:

(a) The insured
may continue to obtain medical treatment for the medical condition from the
provider of health care pursuant to this section, if:

(1) The
insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured
agree that the continuity of care is desirable.

(b) The
provider of health care is entitled to receive reimbursement from the insurer
for the medical treatment he provides to the insured pursuant to this section,
if the provider of health care agrees:

(1) To
provide medical treatment under the terms of the contract between the provider
of health care and the insurer with regard to the insured, including, without
limitation, the rates of payment for providing medical service, as those terms
existed before the termination of the contract between the provider of health
care and the insurer; and

(2) Not to seek payment from the insured for
any medical service provided by the provider of health care that the provider
of health care could not have received from the insured were the provider of
health care still under contract with the insurer.

3. The coverage required by subsection 2 must be
provided until the later of:

(a) The 120th day after the date the contract is
terminated; or

(b) If the medical condition is pregnancy, the 45th
day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery,
the date of the end of the pregnancy.

4. The requirements of this section do not apply to a
provider of health care if:

(a) The provider of health care was under contract
with the insurer and the insurer terminated that contract because of the
medical incompetence or professional misconduct of the provider of health care;
and

(b) The insurer did not enter into another contract
with the provider of health care after the contract was terminated pursuant to
paragraph (a).

5. A policy
subject to the provisions of this chapter that is delivered, issued for
delivery or renewed on or after October 1, 2003, has the legal effect of
including the coverage required by this section, and any provision of the
policy or renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry
out the provisions of this section.

Sec. 10. NRS 689A.035 is hereby amended to
read as follows:

689A.035 1. An insurer shall not
charge a provider of health care a fee to include the name of the provider on a
list of providers of health care given by the insurer to its insureds.

2. An insurer shall not contract with a provider of
health care to provide health care to an insured unless the insurer uses the
form prescribed by the Commissioner pursuant to section 40.3 of this act to
obtain any information related to the credentials of the provider of health
care.

3. A contract between an insurer and a provider of
health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the insurer upon giving to the provider 30 days written notice of the
modification. If the provider fails to object in writing to the modification
within the 30-day period, the modification becomes effective at the end of that
period. If the provider objects in writing to the modification within the
30-day period, the modification must not become effective unless agreed to by
both parties as described in paragraph (a).

4. If an insurer contracts with a provider of health
care to provide health care to an insured, the insurer shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

5. As used in
this section, provider of health care means a provider of health care who is
licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 11. NRS 689A.330 is hereby amended to
read as follows:

689A.330 If any policy is issued by a domestic insurer
for delivery to a person residing in another state, and if the insurance
commissioner or corresponding public officer of that other state has informed
the Commissioner that the policy is not subject to approval or disapproval by
that officer, the Commissioner may by ruling require that the policy meet the
standards set forth in NRS 689A.030 to 689A.320, inclusive[.] , and section 9 of this act.

Sec. 12. NRS 689A.410 is hereby amended to
read as follows:

689A.410 1. Except as otherwise provided in
subsection 2, an insurer shall approve or deny a claim relating to a policy of
health insurance within 30 days after the insurer receives the claim. If the
claim is approved, the insurer shall pay the claim within 30 days after it is
approved. Except as otherwise provided in this section, if the approved claim
is not paid within that period, the insurer shall pay interest on the claim at
a rate of interest equal to the prime rate at the largest
bank in Nevada, as ascertained by the Commissioner of Financial Institutions,
on January 1 or July 1, as the case may be, immediately preceding the date on
which the payment was due, plus 6 percent.

equal to the prime rate at the largest bank in Nevada, as
ascertained by the Commissioner of Financial Institutions, on January 1 or July
1, as the case may be, immediately preceding the date on which the payment was
due, plus 6 percent. The interest must be calculated from 30 days after the
date on which the claim is approved until the date on which the claim is paid.

2. If the insurer requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The insurer shall notify the provider of health care of all the specific
reasons for the delay in approving or denying the claim. The insurer shall
approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the insurer shall pay the claim within
30 days after it receives the additional information. If the approved claim is
not paid within that period, the insurer shall pay interest on the claim in the
manner prescribed in subsection 1.

3. An insurer shall not request a claimant to resubmit
information that the claimant has already provided to the insurer, unless the
insurer provides a legitimate reason for the request and the purpose of the
request is not to delay the payment of the claim, harass the claimant or
discourage the filing of claims.

4. An insurer shall not pay only part of a claim that
has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this
section for the late payment of an approved claim may be waived only if the
payment was delayed because of an act of God or another cause beyond the
control of the insurer.

7. The Commissioner may require an insurer to provide
evidence which demonstrates that the insurer has substantially complied with
the requirements set forth in this section, including, without limitation,
payment within 30 days of at least 95 percent of approved claims or at least 90
percent of the total dollar amount for approved claims.

8. If
the Commissioner determines that an insurer is not in substantial compliance
with the requirements set forth in this section, the Commissioner may require
the insurer to pay an administrative fine in an amount to be determined by the
Commissioner. Upon a second or
subsequent determination that an insurer is not in substantial compliance with
the requirements set forth in this section, the Commissioner may suspend or
revoke the certificate of authority of the insurer.

Sec. 13. Chapter 689B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
provisions of this section apply to a policy of group health insurance offered
or issued by an insurer if an insured covered by the policy receives health
care through a defined set of providers of health care who are under contract
with the insurer.

2. Except as otherwise provided in this section, if
an insured who is covered by a policy described in subsection 1 is receiving
medical treatment for a medical condition from a provider of health care whose
contract with the insurer is terminated during the course of the medical
treatment, the policy must provide that:

(a) The insured
may continue to obtain medical treatment for the medical condition from the
provider of health care pursuant to this section, if:

(1) The
insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured
agree that the continuity of care is desirable.

(b) The
provider of health care is entitled to receive reimbursement from the insurer
for the medical treatment he provides to the insured pursuant to this section,
if the provider of health care agrees:

(1) To
provide medical treatment under the terms of the contract between the provider
of health care and the insurer with regard to the insured, including, without
limitation, the rates of payment for providing medical service, as those terms
existed before the termination of the contract between the provider of health
care and the insurer; and

(2) Not to seek payment from the insured for
any medical service provided by the provider of health care that the provider
of health care could not have received from the insured were the provider of
health care still under contract with the insurer.

3. The coverage required by subsection 2 must be
provided until the later of:

(a) The 120th day after the date the contract is
terminated; or

(b) If the medical condition is pregnancy, the 45th
day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery,
the date of the end of the pregnancy.

4. The requirements of this section do not apply to a
provider of health care if:

(a) The provider of health care was under contract
with the insurer and the insurer terminated that contract because of the
medical incompetence or professional misconduct of the provider of health care;
and

(b) The insurer did not enter into another contract
with the provider of health care after the contract was terminated pursuant to
paragraph (a).

5. A policy
subject to the provisions of this chapter that is delivered, issued for
delivery or renewed on or after October 1, 2003, has the legal effect of
including the coverage required by this section, and any provision of the
policy or renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry
out the provisions of this section.

Sec. 14. NRS 689B.015 is hereby amended to
read as follows:

689B.015 1.
An insurer that issues a policy of group health insurance shall
not charge a provider of health care a fee to include the name of the provider
on a list of providers of health care given by the insurer to its insureds.

2. An insurer specified in subsection 1 shall not
contract with a provider of health care to provide health care to an insured
unless the insurer uses the form prescribed by the Commissioner pursuant to
section 40.3 of this act to obtain any information related to the credentials
of the provider of health care.

3. A contract between an insurer specified in
subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the insurer upon giving to the provider 30 days written notice of the
modification. If the provider fails to object in writing to the modification
within the 30-day period, the modification becomes effective at the end of that
period. If the provider objects in writing to the modification within the
30-day period, the modification must not become effective unless agreed to by
both parties as described in paragraph (a).

4. If an insurer specified in subsection 1 contracts
with a provider of health care to provide health care to an insured, the
insurer shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

5. As used in
this section, provider of health care means a provider of health care who is
licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 15. NRS 689B.255 is hereby amended to
read as follows:

689B.255 1. Except as otherwise provided in
subsection 2, an insurer shall approve or deny a claim relating to a policy of
group health insurance or blanket insurance within 30 days after the insurer
receives the claim. If the claim is approved, the insurer shall pay the claim
within 30 days after it is approved. Except as otherwise provided in this
section, if the approved claim is not paid within that period, the insurer
shall pay interest on the claim at a rate of interest equal to the prime rate
at the largest bank in Nevada, as ascertained by the Commissioner of Financial
Institutions, on January 1 or July 1, as the case may be, immediately preceding
the date on which the payment was due, plus 6 percent. The interest must be
calculated from 30 days after the date on which the claim is approved until the
date on which the claim is paid.

2. If the insurer requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The insurer shall notify the provider of health care of all the specific
reasons for the delay in approving or denying the claim. The insurer shall
approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the insurer shall pay the claim within
30 days after it receives the additional information. If the approved claim is
not paid within that period, the insurer shall pay interest on the claim in the
manner prescribed in subsection 1.

3. An insurer shall not request a claimant to resubmit
information that the claimant has already provided to the insurer, unless the
insurer provides a legitimate reason for the request and the purpose of the
request is not to delay the payment of the claim, harass the claimant or
discourage the filing of claims.

4. An insurer shall not pay only part of a claim that
has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this
section for the late payment of an approved claim may be waived only if the
payment was delayed because of an act of God or another cause beyond the
control of the insurer.

7. The Commissioner may require an insurer to provide
evidence which demonstrates that the insurer has substantially complied with
the requirements set forth in this section, including, without limitation,
payment within 30 days of at least 95 percent of approved claims or at least 90
percent of the total dollar amount for approved claims.

8. If
the Commissioner determines that an insurer is not in substantial compliance
with the requirements set forth in this section, the Commissioner may require
the insurer to pay an administrative fine in an amount to be determined by the
Commissioner. Upon a second or
subsequent determination that an insurer is not in substantial compliance with
the requirements set forth in this section, the Commissioner may suspend or
revoke the certificate of authority of the insurer.

Sec. 16. NRS 689C.435 is hereby amended to
read as follows:

689C.435 1.
A carrier serving small employers and a carrier that offers a
contract to a voluntary purchasing group shall not charge a provider of health
care a fee to include the name of the provider on a list of providers of health
care given by the carrier to its insureds.

2. A carrier specified in subsection 1 shall not
contract with a provider of health care to provide health care to an insured
unless the carrier uses the form prescribed by the Commissioner pursuant to
section 40.3 of this act to obtain any information related to the credentials
of the provider of health care.

3. A contract between a carrier specified in
subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the carrier upon giving to the provider 30 days written notice of the
modification. If the provider fails to object in writing to the modification
within the 30-day period, the modification becomes effective at the end of that
period. If the provider objects in writing to the modification within the
30-day period, the modification must not become effective unless agreed to by
both parties as described in paragraph (a).

4. If a carrier specified in subsection 1 contracts
with a provider of health care to provide health care to an insured, the
carrier shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

5. As used
in this section, provider of health care means a provider of health care who
is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 17. NRS 689C.485 is hereby amended to
read as follows:

689C.485 1. Except as otherwise provided in
subsection 2, a carrier serving small employers and a carrier that offers a
contract to a voluntary purchasing group shall approve or deny a claim relating
to a policy of health insurance within 30 days after the
carrier receives the claim.

insurance within 30 days after the carrier receives the
claim. If the claim is approved, the carrier shall pay the claim within 30 days
after it is approved. Except as otherwise provided in this section, if the
approved claim is not paid within that period, the carrier shall pay interest
on the claim at a rate of interest equal to the prime rate at the largest bank
in Nevada, as ascertained by the Commissioner of Financial Institutions, on
January 1 or July 1, as the case may be, immediately preceding the date on
which the payment was due, plus 6 percent. The interest must be calculated from
30 days after the date on which the claim is approved until the date on which
the claim is paid.

2. If the carrier requires additional information to
determine whether to approve or deny the claim, it shall notify the claimant of
its request for the additional information within 20 days after it receives the
claim. The carrier shall notify the provider of health care of all the specific
reasons for the delay in approving or denying the claim. The carrier shall
approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the carrier shall pay the claim within
30 days after it receives the additional information. If the approved claim is
not paid within that period, the carrier shall pay interest on the claim in the
manner prescribed in subsection 1.

3. A carrier shall not request a claimant to resubmit
information that the claimant has already provided to the carrier, unless the
carrier provides a legitimate reason for the request and the purpose of the
request is not to delay the payment of the claim, harass the claimant or
discourage the filing of claims.

4. A carrier shall not pay only part of a claim that
has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this
section for the late payment of an approved claim may be waived only if the
payment was delayed because of an act of God or another cause beyond the
control of the carrier.

7. The Commissioner may require a carrier to provide
evidence which demonstrates that the carrier has substantially complied with
the requirements set forth in this section, including, without limitation,
payment within 30 days of at least 95 percent of approved claims or at least 90
percent of the total dollar amount for approved claims.

8. If
the Commissioner determines that a carrier is not in substantial compliance
with the requirements set forth in this section, the Commissioner may require
the carrier to pay an administrative fine in an amount to be determined by the
Commissioner. Upon a second or
subsequent determination that a carrier is not in substantial compliance with
the requirements set forth in this section, the Commissioner may suspend or
revoke the certificate of authority of the carrier.

Sec. 18. Chapter 690B of NRS is hereby
amended by adding thereto the provisions set forth as sections 19 to 22,
inclusive, of this act.

Sec. 19. If a settlement or judgment exceeds the limits of the coverage provided
by a policy of insurance covering the liability of a practitioner licensed
pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his
professional duty toward a patient, the Commissioner shall review the
settlement or judgment. If the Commissioner finds, after notice and a hearing,
or upon waiver of hearing by the insurer, that the insurer who issued the policy violated any provision of this code with
regard to the settlement or judgment, any combination of such settlements or
judgments, or any proceedings related thereto, the Commissioner may suspend,
limit or revoke the insurers certificate of authority.

who issued the policy
violated any provision of this code with regard to the settlement or judgment,
any combination of such settlements or judgments, or any proceedings related
thereto, the Commissioner may suspend, limit or revoke the insurers
certificate of authority.

Sec. 20. If
an insurer declines to issue to a practitioner licensed pursuant to chapter
630, 631, 632 or 633 of NRS a policy of insurance covering the liability of the
practitioner for a breach of his professional duty toward a patient, the
insurer shall, upon the request of the practitioner, disclose to the
practitioner the reasons the insurer declined to issue the policy.

Sec. 21. If an insurer, for a policy of insurance covering the liability of a
practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a
breach of his professional duty toward a patient, sets the premium for the
policy for the practitioner at a rate that is higher than the standard rate of
the insurer for the applicable type of policy and specialty of the
practitioner, the insurer shall, upon the request of the practitioner, disclose
the reasons the insurer set the premium for the policy at the higher rate.

Sec. 22. 1. Except as otherwise provided in this section, if an insurer intends
to cancel, terminate or otherwise not renew all policies of professional
liability insurance that it has issued to any class, type or specialty of
practitioner licensed pursuant to chapter 630, 631 or 633 of NRS, the insurer
must provide 120 days notice of its intended action to the Commissioner and
the practitioners before its intended action becomes effective.

2. If an
insurer intends to cancel, terminate or otherwise not renew a specific policy
of professional liability insurance that it has issued to a practitioner who is
practicing in one or more of the essential medical specialties designated by
the Commissioner:

(a) The insurer
must provide 120 days notice to the practitioner before its intended action
becomes effective; and

(b) The
Commissioner may require the insurer to delay its intended action for a period
of not more than 60 days if the Commissioner determines that a replacement
policy is not readily available to the practitioner.

3. If an
insurer intends to cancel, terminate or otherwise not renew all policies of
professional liability insurance that it has issued to practitioners who are
practicing in one or more of the essential medical specialties designated by
the Commissioner:

(a) The insurer
must provide 120 days notice of its intended action to the Commissioner and
the practitioners before its intended action becomes effective; and

(b) The
Commissioner may require the insurer to delay its intended action for a period
of not more than 60 days if the Commissioner determines that replacement
policies are not readily available to the practitioners.

4. On or before April 1 of each year, the
Commissioner shall:

(a) Determine
whether there are any medical specialties in this state which are essential as
a matter of public policy and which must be protected pursuant to this section
from certain adverse actions relating to professional liability insurance that
may impair the availability of those essential medical specialties to the
residents of this state; and

(b) Make a list
containing the essential medical specialties designated by the Commissioner and
provide the list to each insurer that issues policies of professional liability
insurance to practitioners who are practicing in one or more of the essential
medical specialties.

5. The
Commissioner may adopt any regulations that are necessary to carry out the
provisions of this section.

6. Until the
Commissioner determines which, if any, medical specialties are to be designated
as essential medical specialties, the following medical specialties shall be
deemed to be essential medical specialties for the purposes of this section:

(a) Emergency
medicine.

(b) Neurosurgery.

(c) Obstetrics
and gynecology.

(d) Orthopedic
surgery.

(e) Pediatrics.

(f) Trauma surgery.

7. As used in
this section, professional liability insurance means insurance covering the
liability of a practitioner for a breach of his professional duty toward a
patient.

Sec. 23. NRS 695A.095 is hereby amended to
read as follows:

695A.095 1.
A society shall not charge a provider of health care a fee to
include the name of the provider on a list of providers of health care given by
the society to its insureds.

2. A society shall not contract with a provider of
health care to provide health care to an insured unless the society uses the
form prescribed by the Commissioner pursuant to section 40.3 of this act to
obtain any information related to the credentials of the provider of health
care.

3. A contract between a society and a provider of
health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the society upon giving to the provider 30 days written notice of the
modification. If the provider fails to object in writing to the modification
within the 30-day period, the modification becomes effective at the end of that
period. If the provider objects in writing to the modification within the
30-day period, the modification must not become effective unless agreed to by
both parties as described in paragraph (a).

4. If a society contracts with a provider of health
care to provide health care to an insured, the society shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

5. As used in
this section, provider of health care means a provider of health care who is
licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 24. Chapter 695B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
provisions of this section apply to a policy of health insurance offered or
issued by a hospital or medical service corporation if an insured covered by
the policy receives health care through a defined set of providers of health
care who are under contract with the hospital or medical service corporation.

2. Except as otherwise provided in this section, if
an insured who is covered by a policy described in subsection 1 is receiving
medical treatment for a medical condition from a provider of health care whose
contract with the hospital or medical service corporation is terminated during
the course of the medical treatment, the policy must provide that:

(a) The insured
may continue to obtain medical treatment for the medical condition from the
provider of health care pursuant to this section, if:

(1) The
insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured
agree that the continuity of care is desirable.

(b) The
provider of health care is entitled to receive reimbursement from the hospital
or medical service corporation for the medical treatment he provides to the
insured pursuant to this section, if the provider of health care agrees:

(1) To
provide medical treatment under the terms of the contract between the provider
of health care and the hospital or medical service corporation with regard to
the insured, including, without limitation, the rates of payment for providing
medical service, as those terms existed before the termination of the contract
between the provider of health care and the hospital or medical service
corporation; and

(2) Not to seek payment from the insured for
any medical service provided by the provider of health care that the provider
of health care could not have received from the insured were the provider of
health care still under contract with the hospital or medical service
corporation.

3. The coverage required by subsection 2 must be
provided until the later of:

(a) The 120th day after the date the contract is
terminated; or

(b) If the medical condition is pregnancy, the 45th
day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery,
the date of the end of the pregnancy.

4. The requirements of this section do not apply to a
provider of health care if:

(a) The provider of health care was under contract
with the hospital or medical service corporation and the hospital or medical
service corporation terminated that contract because of the medical
incompetence or professional misconduct of the provider of health care; and

(b) The hospital or medical service corporation did
not enter into another contract with the provider of health care after the
contract was terminated pursuant to paragraph (a).

5. A policy
subject to the provisions of this chapter that is delivered, issued for
delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and
any provision of the policy or renewal thereof that is in conflict with this
section is void.

effect of including
the coverage required by this section, and any provision of the policy or
renewal thereof that is in conflict with this section is void.

6. The Commissioner shall adopt regulations to carry
out the provisions of this section.

Sec. 25. NRS 695B.035 is hereby amended to
read as follows:

695B.035 1.
A corporation subject to the provisions of this chapter shall
not charge a provider of health care a fee to include the name of the provider
on a list of providers of health care given by the corporation to its insureds.

2. A corporation specified in subsection 1 shall not
contract with a provider of health care to provide health care to an insured
unless the corporation uses the form prescribed by the Commissioner pursuant to
section 40.3 of this act to obtain any information related to the credentials
of the provider of health care.

3. A contract between a corporation specified in
subsection 1 and a provider of health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the corporation upon giving to the provider 30 days written notice of the
modification. If the provider fails to object in writing to the modification
within the 30-day period, the modification becomes effective at the end of that
period. If the provider objects in writing to the modification within the
30-day period, the modification must not become effective unless agreed to by
both parties as described in paragraph (a).

4. If a corporation specified in subsection 1
contracts with a provider of health care to provide health care to an insured,
the corporation shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

5. As used
in this section, provider of health care means a provider of health care who
is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 26. NRS 695B.2505 is hereby amended to
read as follows:

695B.2505 1. Except as otherwise provided in
subsection 2, a corporation subject to the provisions of this chapter shall
approve or deny a claim relating to a contract for dental, hospital or medical
services within 30 days after the corporation receives the claim. If the claim
is approved, the corporation shall pay the claim within 30 days after it is
approved. Except as otherwise provided in this section, if the approved claim
is not paid within that period, the corporation shall pay interest on the claim
at a rate of interest equal to the prime rate at the largest bank in Nevada, as
ascertained by the Commissioner of Financial Institutions, on January 1 or July
1, as the case may be, immediately preceding the date on which the payment was
due, plus 6 percent. The interest must be calculated from 30 days after the
date on which the claim is approved until the date on which the claim is paid.

2. If the corporation requires additional information
to determine whether to approve or deny the claim, it shall notify the claimant
of its request for the additional information within 20 days after it receives
the claim.

claim. The corporation shall notify the provider of dental,
hospital or medical services of all the specific reasons for the delay in
approving or denying the claim. The corporation shall approve or deny the claim
within 30 days after receiving the additional information. If the claim is
approved, the corporation shall pay the claim within 30 days after it receives
the additional information. If the approved claim is not paid within that
period, the corporation shall pay interest on the claim in the manner
prescribed in subsection 1.

3. A corporation shall not request a claimant to
resubmit information that the claimant has already provided to the corporation,
unless the corporation provides a legitimate reason for the request and the
purpose of the request is not to delay the payment of the claim, harass the
claimant or discourage the filing of claims.

4. A corporation shall not pay only part of a claim
that has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this
section for the late payment of an approved claim may be waived only if the
payment was delayed because of an act of God or another cause beyond the
control of the corporation.

7. The Commissioner may require a corporation to
provide evidence which demonstrates that the corporation has substantially
complied with the requirements set forth in this section, including, without
limitation, payment within 30 days of at least 95 percent of approved claims or
at least 90 percent of the total dollar amount for approved claims.

8. If
the Commissioner determines that a corporation is not in substantial compliance
with the requirements set forth in this section, the Commissioner may require
the corporation to pay an administrative fine in an amount to be determined by
the Commissioner. Upon a second or
subsequent determination that a corporation is not in substantial compliance
with the requirements set forth in this section, the Commissioner may suspend
or revoke the certificate of authority of the corporation.

Sec. 27. Chapter 695C of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
provisions of this section apply to a health care plan offered or issued by a
health maintenance organization if an insured covered by the health care plan
receives health care through a defined set of providers of health care who are
under contract with the health maintenance organization.

2. Except as otherwise provided in this section, if
an insured who is covered by a health care plan described in subsection 1 is
receiving medical treatment for a medical condition from a provider of health
care whose contract with the health maintenance organization is terminated
during the course of the medical treatment, the health care plan must provide
that:

(a) The insured
may continue to obtain medical treatment for the medical condition from the
provider of health care pursuant to this section, if:

(1) The
insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured
agree that the continuity of care is desirable.

(b) The
provider of health care is entitled to receive reimbursement from the health
maintenance organization for the medical treatment he provides to the insured
pursuant to this section, if the provider of health care agrees:

(1) To
provide medical treatment under the terms of the contract between the provider
of health care and the health maintenance organization with regard to the
insured, including, without limitation, the rates of payment for providing
medical service, as those terms existed before the termination of the contract
between the provider of health care and the health maintenance organization;
and

(2) Not to seek payment from the insured for
any medical service provided by the provider of health care that the provider
of health care could not have received from the insured were the provider of
health care still under contract with the health maintenance organization.

3. The coverage required by subsection 2 must be
provided until the later of:

(a) The 120th day after the date the contract is
terminated; or

(b) If the medical condition is pregnancy, the 45th
day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery,
the date of the end of the pregnancy.

4. The requirements of this section do not apply to a
provider of health care if:

(a) The provider of health care was under contract
with the health maintenance organization and the health maintenance
organization terminated that contract because of the medical incompetence or
professional misconduct of the provider of health care; and

(b) The health maintenance organization did not enter
into another contract with the provider of health care after the contract was
terminated pursuant to paragraph (a).

5. An evidence
of coverage for a health care plan subject to the provisions of this chapter
that is delivered, issued for delivery or renewed on or after October 1, 2003,
has the legal effect of including the coverage required by this section, and
any provision of the evidence of coverage or renewal thereof that is in
conflict with this section is void.

6. The Commissioner shall adopt regulations to carry
out the provisions of this section.

Sec. 28. NRS 695C.050 is hereby amended to
read as follows:

695C.050 1. Except as otherwise provided in this
chapter or in specific provisions of this title, the provisions of this title
are not applicable to any health maintenance organization granted a certificate
of authority under this chapter. This provision does not apply to an insurer
licensed and regulated pursuant to this title except with respect to its
activities as a health maintenance organization authorized and regulated
pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance
organization granted a certificate of authority, or its representatives, must
not be construed to violate any provision of law relating to solicitation or
advertising by practitioners of a healing art.

3. Any health maintenance organization authorized
under this chapter shall not be deemed to be practicing medicine and is exempt
from the provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.125, 695C.170 to
695C.200, inclusive, 695C.250 and 695C.265 and section 27 of this act do not apply to a
health maintenance organization that provides health care services through
managed care to recipients of Medicaid under the State Plan for Medicaid or
insurance pursuant to the Childrens Health Insurance Program pursuant to a
contract with the Division of Health Care Financing and Policy of the Department
of Human Resources. This subsection does not exempt a health maintenance
organization from any provision of this chapter for services provided pursuant
to any other contract.

5. The provisions of NRS 695C.1694 and 695C.1695 apply
to a health maintenance organization that provides health care services through
managed care to recipients of Medicaid under the State Plan for Medicaid.

Sec. 29. NRS 695C.055 is hereby amended to
read as follows:

695C.055 1. The provisions of NRS 449.465, 679B.700,
subsections 2, 4, 18, 19 and 32 of NRS 680B.010, NRS 680B.025 to 680B.060,
inclusive, and [chapter]chapters 686A and 695G of NRS and section 1 of this act apply
to a health maintenance organization.

2. For the purposes of subsection 1, unless the
context requires that a provision apply only to insurers, any reference in
those sections to insurer must be replaced by health maintenance
organization.

Sec. 30. NRS 695C.125 is hereby amended to
read as follows:

695C.125
[A health maintenance organization shall not charge a provider
of health care a fee to include the name of the provider on a list of providers
of health care given by the health maintenance organization to its enrollees.]

1. A health maintenance organization shall not
contract with a provider of health care to provide health care to an insured
unless the health maintenance organization uses the form prescribed by the
Commissioner pursuant to section 40.3 of this act to obtain any information
related to the credentials of the provider of health care.

2. A contract between a health maintenance
organization and a provider of health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the health maintenance organization upon giving to the provider 30 days
written notice of the modification. If the provider fails to object in writing
to the modification within the 30-day period, the modification becomes
effective at the end of that period. If the provider objects in writing to the
modification within the 30-day period, the modification must not become
effective unless agreed to by both parties as described in paragraph (a).

3. If a health maintenance organization contracts
with a provider of health care to provide health care to an enrollee, the
health maintenance organization shall:

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

4. As used
in this section, provider of health care means a provider of health care who
is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 31. NRS 695C.185 is hereby amended to
read as follows:

695C.185 1. Except as otherwise provided in
subsection 2, a health maintenance organization shall approve or deny a claim
relating to a health care plan within 30 days after the health maintenance
organization receives the claim. If the claim is approved, the health
maintenance organization shall pay the claim within 30 days after it is
approved. Except as otherwise provided in this section, if the approved claim
is not paid within that period, the health maintenance organization shall pay
interest on the claim at a rate of interest equal to the prime rate at the
largest bank in Nevada, as ascertained by the Commissioner of Financial
Institutions, on January 1 or July 1, as the case may be, immediately preceding
the date on which the payment was due, plus 6 percent. The interest must be
calculated from 30 days after the date on which the claim is approved until the
date on which the claim is paid.

2. If the health maintenance organization requires
additional information to determine whether to approve or deny the claim, it
shall notify the claimant of its request for the additional information within
20 days after it receives the claim. The health maintenance organization shall
notify the provider of health care services of all the specific reasons for the
delay in approving or denying the claim. The health maintenance organization
shall approve or deny the claim within 30 days after receiving the additional
information. If the claim is approved, the health maintenance organization
shall pay the claim within 30 days after it receives the additional
information. If the approved claim is not paid within that period, the health
maintenance organization shall pay interest on the claim in the manner
prescribed in subsection 1.

3. A health maintenance organization shall not request
a claimant to resubmit information that the claimant has already provided to
the health maintenance organization, unless the health maintenance organization
provides a legitimate reason for the request and the purpose of the request is
not to delay the payment of the claim, harass the claimant or discourage the
filing of claims.

4. A health maintenance organization shall not pay
only part of a claim that has been approved and is fully payable.

5. A court shall award costs and reasonable attorneys
fees to the prevailing party in an action brought pursuant to this section.

6. The payment of interest provided for in this section
for the late payment of an approved claim may be waived only if the payment was
delayed because of an act of God or another cause beyond the control of the
health maintenance organization.

7. The Commissioner may require a health maintenance
organization to provide evidence which demonstrates that the health maintenance
organization has substantially complied with the requirements set forth in this
section, including, without limitation, payment within 30 days of at least 95
percent of approved claims or at least 90 percent of the total dollar amount
for approved claims.

8. If
the Commissioner determines that a health maintenance organization is not in
substantial compliance with the requirements set forth in this section, the
Commissioner may require the health maintenance organization
to pay an administrative fine in an amount to be determined by the
Commissioner.

organization to pay an administrative fine in an amount to be
determined by the Commissioner. Upon
a second or subsequent determination that a health maintenance organization is
not in substantial compliance with the requirements set forth in this section,
the Commissioner may suspend or revoke the certificate of authority of the
health maintenance organization.

Sec. 32. NRS 695C.330 is hereby amended to
read as follows:

695C.330 1. The Commissioner may suspend or revoke
any certificate of authority issued to a health maintenance organization
pursuant to the provisions of this chapter if he finds that any of the
following conditions exist:

(a) The health maintenance organization is operating
significantly in contravention of its basic organizational document, its health
care plan or in a manner contrary to that described in and reasonably inferred
from any other information submitted pursuant to NRS 695C.060, 695C.070 and
695C.140, unless any amendments to those submissions have been filed with and
approved by the Commissioner;

(b) The health maintenance organization issues evidence
of coverage or uses a schedule of charges for health care services which do not
comply with the requirements of NRS [695C.170]695C.1694 to
695C.200, inclusive, [or 695C.1694, 695C.1695] or 695C.207;

(c) The health care plan does not furnish comprehensive
health care services as provided for in NRS 695C.060;

(d) The State Board of Health certifies to the
Commissioner that the health maintenance organization:

(1) Does not meet the requirements of subsection
2 of NRS 695C.080; or

(2) Is unable to fulfill its obligations to
furnish health care services as required under its health care plan;

(e) The health maintenance organization is no longer
financially responsible and may reasonably be expected to be unable to meet its
obligations to enrollees or prospective enrollees;

(f) The health maintenance organization has failed to
put into effect a mechanism affording the enrollees an opportunity to
participate in matters relating to the content of programs pursuant to NRS
695C.110;

(g) The health maintenance organization has failed to
put into effect the system for resolving
complaints required by NRS 695C.260 in a manner reasonably to
dispose of valid complaints;

(h) The health maintenance organization or any person
on its behalf has advertised or merchandised its services in an untrue,
misrepresentative, misleading, deceptive or unfair manner;

(i) The continued operation of the health maintenance
organization would be hazardous to its enrollees; [or]

(j) The
health maintenance organization fails to provide the coverage required by
section 27 of this act; or

(k) The
health maintenance organization has otherwise failed to comply substantially
with the provisions of this chapter.

2. A certificate of authority must be suspended or
revoked only after compliance with the requirements of NRS 695C.340.

3. If the certificate of authority of a health
maintenance organization is suspended, the health maintenance organization
shall not, during the period of that suspension, enroll any additional groups
or new individual contracts, unless those groups or
persons were contracted for before the date of suspension.

unless those groups or persons were contracted for before the
date of suspension.

4. If the certificate of authority of a health
maintenance organization is revoked, the organization shall proceed,
immediately following the effective date of the order of revocation, to wind up
its affairs and shall conduct no further business except as may be essential to
the orderly conclusion of the affairs of the organization. It shall engage in
no further advertising or solicitation of any kind. The Commissioner may , by written order , permit such further
operation of the organization as he may find to be in the best interest of
enrollees to the end that enrollees are afforded the greatest practical
opportunity to obtain continuing coverage for health care.

Sec. 33. Chapter 695G of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
provisions of this section apply to a health care plan offered or issued by a
managed care organization if an insured covered by the health care plan receives
health care through a defined set of providers of health care who are under
contract with the managed care organization.

2. Except as otherwise provided in this section, if
an insured who is covered by a health care plan described in subsection 1 is
receiving medical treatment for a medical condition from a provider of health
care whose contract with the managed care organization is terminated during the
course of the medical treatment, the health care plan must provide that:

(a) The insured
may continue to obtain medical treatment for the medical condition from the
provider of health care pursuant to this section, if:

(1) The
insured is actively undergoing a medically necessary course of treatment; and

(2) The provider of health care and the insured
agree that the continuity of care is desirable.

(b) The
provider of health care is entitled to receive reimbursement from the managed
care organization for the medical treatment he provides to the insured pursuant
to this section, if the provider of health care agrees:

(1) To
provide medical treatment under the terms of the contract between the provider
of health care and the managed care organization with regard to the insured,
including, without limitation, the rates of payment for providing medical
service, as those terms existed before the termination of the contract between
the provider of health care and the managed care organization; and

(2) Not to seek payment from the insured for
any medical service provided by the provider of health care that the provider
of health care could not have received from the insured were the provider of
health care still under contract with the managed care organization.

3. The coverage required by subsection 2 must be
provided until the later of:

(a) The 120th day after the date the contract is
terminated; or

(b) If the medical condition is pregnancy, the 45th
day after:

(1) The date of delivery; or

(2) If the pregnancy does not end in delivery,
the date of the end of the pregnancy.

4. The requirements of this section do not apply to a
provider of health care if:

(a) The provider of health care was under contract
with the managed care organization and the managed care organization terminated
that contract because of the medical incompetence or professional misconduct of
the provider of health care; and

(b) The managed care organization did not enter into
another contract with the provider of health care after the contract was
terminated pursuant to paragraph (a).

5. An evidence
of coverage for a health care plan subject to the provisions of this chapter
that is delivered, issued for delivery or renewed on or after October 1, 2003,
has the legal effect of including the coverage required by this section, and
any provision of the evidence of coverage or renewal thereof that is in
conflict with this section is void.

6. The Commissioner shall adopt regulations to carry
out the provisions of this section.

Sec. 33.5.NRS
695G.090 is hereby amended to read as follows:

695G.090 1. [The]Except as otherwise provided in
subsection 3, the provisions of this chapter apply to each
organization and insurer that operates as a managed care organization and may
include, without limitation, an insurer that issues a policy of health
insurance, an insurer that issues a policy of individual or group health
insurance, a carrier serving small employers, a fraternal benefit society, a
hospital or medical service corporation and a health maintenance organization.

2. In addition to the
provisions of this chapter, each managed care organization shall comply with [any]:

(a) The provisions of chapter 686A of NRS, including
all obligations and remedies set forth therein; and

(b) Any other
applicable provision of this title.

3. The
provisions of subsections 2 to 9, inclusive, of NRS 695G.270 and section 33 of
this act do not apply to a managed care organization that provides health care
services to recipients of Medicaid under the State Plan for Medicaid or
insurance pursuant to the Childrens Health Insurance Program pursuant to a
contract with the Division of Health Care Financing and Policy of the
Department of Human Resources. This subsection does not exempt a managed care
organization from any provision of this chapter for services provided pursuant
to any other contract.

Sec. 34. NRS 695G.270 is hereby amended to
read as follows:

695G.270 [A managed care organization that
establishes a panel of providers of health care for the purpose of offering
health care services pursuant to chapters 689A, 689B, 689C, 695A, 695B, or 695C
of NRS shall not charge a provider of health care a fee to include the name of
the provider on the panel of providers of health care.]

1. A managed care organization shall not contract
with a provider of health care to provide health care to an insured unless the
managed care organization uses the form prescribed by the Commissioner pursuant
to section 40.3 of this act to obtain any information related to the
credentials of the provider of health care.

2. A contract between a managed care organization and
a provider of health care may be modified:

(a) At any time pursuant to a written agreement
executed by both parties.

(b) Except as otherwise provided in this paragraph, by
the managed care organization upon giving to the provider 30 days written
notice of the modification. If the provider fails to object in writing to the
modification within the 30-day period, the modification becomes effective at
the end of that period. If the provider objects in writing to the modification
within the 30-day period, the modification must not become effective unless
agreed to by both parties as described in paragraph (a).

(a) If requested by the provider of health care at the
time the contract is made, submit to the provider of health care the schedule
of payments applicable to the provider of health care; or

(b) If
requested by the provider of health care at any other time, submit to the
provider of health care the schedule of payments specified in paragraph (a)
within 7 days after receiving the request.

4. As used
in this section, provider of health care means a provider of health care who
is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

Sec. 35. Chapter
41A of NRS is hereby amended by adding thereto a new section to read as
follows:

1. In an action for damages for medical malpractice or
dental malpractice in which the defendant is insured pursuant to a policy of
insurance covering the liability of the defendant for a breach of his
professional duty toward a patient:

(a) At any settlement conference, the judge may
recommend that the action be settled for the limits of the policy of insurance.

(b) If the judge makes the recommendation described in
paragraph (a), the defendant is entitled to obtain from independent counsel an
opinion letter explaining the rights of, obligations of and potential
consequences to the defendant with regard to the recommendation. The insurer
shall pay the independent counsel to provide the opinion letter described in
this paragraph, except that the insurer is not required to pay more than $1,500
to the independent counsel to provide the opinion letter.

2. The section does not:

(a) Prohibit the plaintiff from making any offer of
settlement.

(b) Require
an insurer to provide or pay for independent counsel for a defendant except as
expressly provided in this section.

Secs. 36 and 37. (Deleted by amendment.)

Sec. 38. NRS 287.010 is hereby amended to
read as follows:

287.010 1. The governing body of any county, school
district, municipal corporation, political subdivision, public corporation or
other public agency of the State of Nevada may:

(a) Adopt and carry into effect a system of group life,
accident or health insurance, or any combination thereof, for the benefit of
its officers and employees, and the dependents of officers and employees who
elect to accept the insurance and who, where necessary, have authorized the
governing body to make deductions from their compensation for the payment of
premiums on the insurance.

(b) Purchase group policies of life, accident or health
insurance, or any combination thereof, for the benefit of such officers and
employees, and the dependents of such officers and employees, as have
authorized the purchase, from insurance companies authorized
to transact the business of such insurance in the State of Nevada, and, where
necessary, deduct from the compensation of officers and employees the premiums
upon insurance and pay the deductions upon the premiums.

from insurance companies authorized to transact the business
of such insurance in the State of Nevada, and, where necessary, deduct from the
compensation of officers and employees the premiums upon insurance and pay the
deductions upon the premiums.

(c) Provide group life, accident or health coverage
through a self-insurance reserve fund and, where necessary, deduct
contributions to the maintenance of the fund from the compensation of officers
and employees and pay the deductions into the fund. The money accumulated for
this purpose through deductions from the compensation of officers and employees
and contributions of the governing body must be maintained as an internal
service fund as defined by NRS 354.543. The money must be deposited in a state
or national bank or credit union authorized to transact business in the State
of Nevada. Any independent administrator of a fund created under this section
is subject to the licensing requirements of chapter 683A of NRS, and must be a
resident of this state. Any contract with an independent administrator must be
approved by the Commissioner of Insurance as to the reasonableness of
administrative charges in relation to contributions collected and benefits
provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and 689B.575 and section 13 of this act apply
to coverage provided pursuant to this paragraph, except that the provisions of
NRS 689B.0359 do not apply to such coverage.

(d) Defray part or all of the cost of maintenance of a
self-insurance fund or of the premiums upon insurance. The money for
contributions must be budgeted for in accordance with the laws governing the
county, school district, municipal corporation, political subdivision, public
corporation or other public agency of the State of Nevada.

2. If a school district offers group insurance to its
officers and employees pursuant to this section, members of the board of
trustees of the school district must not be excluded from participating in the
group insurance. If the amount of the deductions from compensation required to
pay for the group insurance exceeds the compensation to which a trustee is
entitled, the difference must be paid by the trustee.

Sec. 39. NRS 287.04335 is hereby amended to
read as follows:

287.04335 If the Board provides health insurance
through a plan of self-insurance, it shall comply with the provisions of NRS
689B.255, 695G.150, 695G.160, 695G.170 and 695G.200 to 695G.230, inclusive, and section 33 of this act, in
the same manner as an insurer that is licensed pursuant to title 57 of NRS is
required to comply with those provisions.

Sec. 39.5. (Deleted by amendment.)

Sec. 40. Chapter 616B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. If an insurer establishes a panel of providers of health
care for the purpose of offering health care services pursuant to chapters 616A
to 617, inclusive, of NRS, the insurer shall not charge a provider of health
care:

(a) A fee to include the name of the provider on the
panel of providers of health care; or

(b) Any other
fee related to establishing a provider of health care as a provider for the
insurer.

2. If an
insurer violates the provisions of subsection 1, the insurer shall pay to the
provider of health care an amount that is equal to twice the fee charged to the
provider of health care.

3. A court
shall award costs and reasonable attorneys fees to the prevailing party in an
action brought pursuant to this section.

Sec. 40.3.Chapter
629 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as otherwise provided in subsection 2, the
Commissioner of Insurance shall develop, prescribe for use and make available a
single, standardized form for use by insurers, carriers, societies,
corporations, health maintenance organizations and managed care organizations
in obtaining any information related to the credentials of a provider of health
care.

2. The provisions of subsection 1 do not prohibit the
Commissioner of Insurance from developing, prescribing for use and making
available:

(a) Appropriate variations of the form described in
that subsection for use in different geographical regions of this state.

(b) Addenda or supplements to the form described in
that subsection to address, until such time as a new form may be developed,
prescribed for use and made available, any requirements newly imposed by the
Federal Government, the State or one of its agencies, or a body that accredits
hospitals, medical facilities or health care plans.

3. With respect to the form described in subsection
1, the Commissioner of Insurance shall:

(a) Hold public hearings to seek input regarding the
development of the form;

(b) Develop the form in consideration of the input
received pursuant to paragraph (a);

(c) Ensure that the form is developed in such a manner
as to accommodate and reflect the different types of credentials applicable to
different classes of providers of health care;

(d) Ensure that the form is developed in such a manner
as to reflect standards of accreditation adopted by national organizations
which accredit hospitals, medical facilities and health care plans; and

(e) Ensure that the form is developed to be used
efficiently and is developed to be neither unduly long nor unduly voluminous.

4. As used in this section:

(a) Carrier has the meaning ascribed to it in NRS
689C.025.

(b) Corporation means a corporation operating
pursuant to the provisions of chapter 695B of NRS.

(c) Health maintenance organization has the meaning
ascribed to it in NRS 695C.030.

(d) Insurer means:

(1) An insurer that issues policies of
individual health insurance in accordance with chapter 689A of NRS; and

(2) An insurer that issues policies of group
health insurance in accordance with chapter 689B of NRS.

(e) Managed care organization has the meaning
ascribed to it in NRS 695G.050.

(f) Provider of health care means a provider of
health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.

(g) Society has the meaning ascribed to it in NRS
695A.044.

Sec. 40.7. 1. The
Commissioner of Insurance shall develop, prescribe for use and make available
the form described in section 40.3 of this act on or before July 1, 2004.

2. Notwithstanding the
provisions of sections 10, 14, 16, 23, 25, 30 and 34 of this act, an insurer,
carrier, society, corporation, health maintenance organization and managed care
organization is not required to use the form described in section 40.3 of this
act until the earlier of:

(a) The date by which the
Commissioner of Insurance develops, prescribes for use and makes available that
form; or

(b) July 1, 2004.

Sec. 41. The amendatory provisions of this act apply
to a:

1. Policy of insurance issued or renewed on or after
October 1, 2003.

2. Offer to issue a policy of insurance communicated to the
applicant for the policy on or after October 1, 2003.

3. Decision with regard to the issuance of a policy of
insurance communicated to the applicant for the policy on or after October 1,
2003.

4. Cause of action that accrues on or after October 1,
2003.

Sec. 42. 1. This
section and sections 40.3 and 40.7 of this act become effective upon passage
and approval.

2. Sections 1 to 40, inclusive, and 41 of this act become
effective on October 1, 2003.

________

CHAPTER 498, AB 30

Assembly Bill No. 30Assemblywoman McClain

CHAPTER 498

AN ACT relating to
motor vehicles; making various changes to the provisions governing the
registration of motor vehicles by new residents of this state; revising the
provision which directs the issuance of certain pro rata refunds for
registrations transferred or cancelled under certain circumstances; and
providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 482.206 is hereby amended to
read as follows:

482.206 1. Except as otherwise provided in this
section, every motor vehicle, except for a motor vehicle that is registered
pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a
motor vehicle with a declared gross weight in excess of 26,000 pounds, must be
registered for a period of 12 consecutive months beginning the day after the
first registration by the owner in this state.

2. Every vehicle registered by an agent of the
Department or a registered dealer must be registered for 12 consecutive months
beginning the first day of the month after the first registration by the owner
in this state.

3. Upon the application of the owner of a fleet of
vehicles, the Director may permit him to register his fleet on the basis of a
calendar year.

4. When the registration of any vehicle is transferred
pursuant to [the provisions of NRS 482.3667, 482.379 or]NRS 482.399, the
expiration date of each regular license plate, special license plate or
substitute decal must, at the time of the transfer of
registration, be advanced for a period of 12 consecutive months beginning:

the time of the transfer of registration, be advanced for a
period of 12 consecutive months beginning:

(a) The first day of the month after the transfer, if
the vehicle is transferred by an agent of the Department; or

(b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and
the governmental services tax attributable to the remainder of the current
period of registration must be allowed
pursuant to the applicable provisions of NRS [482.3667, 482.379 and]
482.399.

Sec. 2. NRS 482.260 is hereby amended to read
as follows:

482.260 1. When registering a vehicle, the Department
and its agents or a registered dealer shall:

(a) Collect the fees for license plates and
registration as provided for in this chapter.

(b) [Collect]Except as otherwise provided in NRS 482.321, collect the
governmental services tax on the vehicle, as agent for the county where the
applicant intends to base the vehicle for the period of registration, unless
the vehicle is deemed to have no base.

(e) If the registration is performed by the Department,
issue the regular license plate or plates.

(f) If the registration is performed by a registered
dealer, provide information to the owner regarding the manner in which the
regular license plate or plates will be made available to him.

2. Upon proof of ownership satisfactory to the
Director, he shall cause to be issued a certificate of ownership as provided in
this chapter.

3. [Every]Except as otherwise provided in NRS 371.070, every vehicle
being registered for the first time in Nevada must be taxed for the purposes of
the governmental services tax for a 12‑month period.

4. The Department shall deduct and withhold 2 percent
of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the
remainder to the Department of Taxation.

5. A registered dealer shall forward all fees and
taxes collected for the registration of vehicles to the Department.

Sec. 3. NRS 482.3667 is hereby amended to
read as follows:

482.3667 1. The Department shall establish, design
and otherwise prepare for issue personalized prestige license plates and shall
establish all necessary procedures not inconsistent with this section for the
application and issuance of such license plates.

2. The department shall issue personalized prestige
license plates, upon payment of the prescribed fee, to any person who otherwise
complies with the laws relating to the registration and licensing of motor
vehicles or trailers for use on private passenger cars, motorcycles, trucks or
trailers.

3. Personalized prestige license plates are valid for
12 months and are renewable upon expiration. These plates may be transferred
from one vehicle or trailer to another if the transfer and registration fees
are paid as set out in this chapter. [Any person transferring
plates must be allowed a 1/12 reduction in fees for each calendar month
remaining unused from the previous registration, applicable to the fees which
are for the registration year for which the plates are being transferred.]

4. In case of any conflict, the person who first made
application for personalized prestige license plates and has continuously
renewed them by payment of the required fee has priority.

5. The Department may limit by regulation the number
of letters and numbers used and prohibit the use of inappropriate letters or
combinations of letters and numbers.

6. The Department shall not assign to any person not
holding the relevant office any letters and numbers denoting that the holder
holds a public office.

Sec. 4. NRS 482.379 is hereby amended to read
as follows:

482.379 1. The Director may order the design and
preparation of license plates which commemorate the 125th anniversary of
Nevadas admission into the Union and establish the procedures for the application
and issuance of the plates.

2. The Department may designate any colors, numbers
and letters for the commemorative plates.

3. A person who is entitled to license plates pursuant
to NRS 482.265 may apply for commemorative license plates.

4. The fee for the commemorative license plates is
$10, in addition to all other applicable registration and license fees and
governmental services taxes. If a person is eligible for and applies for any
special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675,
482.368 or 482.370 to 482.3825, inclusive, and applies to have those special
license plates combined with commemorative plates, the person must pay the fees
for the special license plates in addition to the fee for the commemorative plates.

5. In addition to all fees for the license,
registration and governmental services taxes, a person who is eligible for and
applies for commemorative plates must pay $25 for the celebration of the 125th
anniversary of Nevadas admission into the Union. The fees for the license,
registration, and governmental services taxes and the charge for the
celebration may be paid with a single check.

6. Commemorative plates are renewable upon the payment
of $10.

7. If during a registration year, the holder of
commemorative plates issued pursuant to the provisions of this section disposes
of the vehicle to which the plates are affixed, he may retain the plates and:

(a) Within 30 days after removing the plates from the
vehicle, return them to the Department; or

(b) Affix them to another vehicle which meets the
requirements of this section if the transfer and registration fees are paid as
is provided for in this chapter. [A person who transfers plates must be
allowed a one-twelfth reduction in fees for each calendar month remaining
unused from the previous registration.]

8. Except as otherwise provided by subsection 10, if a
commemorative license plate or set of license plates issued pursuant to the
provisions of this section is lost, stolen or mutilated, the owner of the
vehicle may secure a replacement license plate or set of replacement license
plates, as the case may be, from the Department upon payment of the fees set
forth in subsection 2 of NRS 482.500.

9. The Department shall, for each set of commemorative
license plates that it issues:

(a) Deposit the $25 collected for the celebration of
the 125th anniversary of Nevadas admission into the Union with the State
Treasurer for credit to the Account for Nevadas 125th Anniversary in the State
General Fund;

(b) Deposit $7.50 with the State Treasurer for credit
to the Motor Vehicle Fund pursuant to the provisions of NRS 482.180; and

(c) Deposit $2.50 with the State Treasurer for credit
to the Department to reimburse the Department for the cost of manufacturing the
license plates.

482.385 1. Except as otherwise provided in subsection
4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to
registration pursuant to the provisions of this chapter, owning any vehicle
which has been registered for the current year in the state, country or other
place of which the owner is a resident and which at all times when operated in
this state has displayed upon it the registration license plate issued for the
vehicle in the place of residence of the owner, may operate or permit the
operation of the vehicle within this state without its registration in this
state pursuant to the provisions of this chapter and without the payment of any
registration fees to this state.

2. This section does not:

(a) Prohibit the use of manufacturers, distributors
or dealers license plates issued by any state or country by any nonresident in
the operation of any vehicle on the public highways of this state.

(b) Require registration of vehicles of a type subject
to registration pursuant to the provisions of this chapter operated by
nonresident common motor carriers of persons or property, contract motor carriers
of persons or property, or private motor carriers of property as stated in NRS
482.390.

(c) Require registration of a vehicle operated by a
border state employee.

3. When a person, formerly a nonresident, becomes a
resident of this state, he shall:

(a) Within 30 days after becoming a resident; or

(b) At the time he obtains his drivers license,

whichever occurs earlier, apply for the registration of [any
vehicle which]each vehicle he owns [and]
which is operated in this state. When
a person, formerly a nonresident, applies for a drivers license in this state,
the Department shall inform the person of the requirements imposed by this
subsection and of the penalties that may be imposed for failure to comply with
the provisions of this subsection. In addition, the Department shall maintain
or cause to be maintained a list or other record of persons who fail to comply
with the provisions of this subsection and shall, at least once each month,
provide a copy of that list or record to the Department of Public Safety.

4. Any resident operating [a motor vehicle]
upon a highway of this state a
motor vehicle which is owned by a nonresident and which is
furnished to the resident operator for his continuous use within this state,
shall cause that vehicle to be registered within 30 days after beginning its
operation within this state.

5. A person registering a vehicle pursuant to the
provisions of subsection 3, 4 or 6 [of this section]
or pursuant to NRS 482.390 [must]:

(a) Must be
assessed the registration fees and governmental services tax, as required by
the provisions of this chapter and chapter 371 of NRS[. He must]; and

(b) Must not
be allowed credit on those taxes and fees for the unused months of his previous
registration.

6. If a vehicle is used in this state for a gainful
purpose, the owner shall immediately apply to the Department for registration,
except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861,
inclusive.

7. An owner registering a vehicle pursuant to the
provisions of this section shall surrender the existing nonresident license
plates and registration certificates to the Department for cancellation.

8. A vehicle may be cited for a violation of this
section regardless of whether it is in operation or is parked on a highway, in
a public parking lot or on private property which is open to the public if,
after communicating with the owner or operator of the vehicle, the peace
officer issuing the citation determines that:

(a) The owner of the vehicle is a resident of this
state; or

(b) The vehicle is used in this state for a gainful
purpose.

Sec. 6. NRS 482.399 is hereby amended to read
as follows:

482.399 1. Upon the transfer of the ownership of or
interest in any vehicle by any holder of a valid registration, or upon
destruction of the vehicle, the registration expires.

2. The holder of the original registration may transfer
the registration to another vehicle to be registered by him and use the same regular license plate or
plates [thereon,]or special license plate or plates issued pursuant to NRS
482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the
registration is being transferred, if the license plate or plates
are appropriate for the second vehicle, upon filing an application for transfer
of registration and upon paying the transfer registration fee and the excess,
if any, of the registration fee and governmental services tax on the vehicle to
which the registration is transferred over the total registration fee and
governmental services tax paid on all vehicles from which he is transferring
his ownership or interest. Except as otherwise provided in NRS 482.294, an
application for transfer of registration must be made in person, if
practicable, to any office or agent of the Department or to a registered
dealer, and the license plate or plates may not be used upon a second vehicle
until registration of that vehicle is complete.

3. In
computing the governmental services tax, the Department, its agent or the
registered dealer shall credit the portion of the tax paid on the first vehicle
attributable to the remainder of the current registration period or calendar
year on a pro rata monthly basis against the tax due on the second vehicle or
on any other vehicle of which the person is the registered owner. If any person
transfers his ownership or interest in two or more vehicles, the Department or
the registered dealer shall credit the portion of the tax paid on all of the
vehicles attributable to the remainder of the current registration period or
calendar year on a pro rata monthly basis against the tax due on the vehicle to
which the registration is transferred or on any other vehicle of which the
person is the registered owner. The certificates of registration and unused
license plates of the vehicles from which a person transfers his ownership or
interest must be submitted before credit is given against the tax due on the
vehicle to which the registration is transferred or on any other vehicle of
which the person is the registered owner.

[3.]4. In computing the registration fee, the
Department or its agent or the registered dealer shall credit the portion of
the registration fee paid on each vehicle attributable to the remainder of the
current calendar year or registration period on a pro rata basis against the
registration fee due on the vehicle to which registration is transferred.

5. If
the amount owed on the registration fee or governmental services tax on [that]the vehicle to which registration is transferred is
less than the credit on the total registration fee or governmental services tax
paid on all vehicles from which a person transfers his ownership or interest, [the
Department shall issue to the person a refund in an amount equal to the
difference between the amount owed on the registration fee or governmental
services tax on that vehicle and the credit on the total registration fee or
governmental services tax paid on all vehicles from which a person transfers
his ownership or interest.

4.] no refund may be allowed by the Department.

6. If
the license plate or plates are not appropriate for the second vehicle, the
plate or plates must be surrendered to the Department or registered dealer and
an appropriate plate or plates must be issued by the Department. The Department
shall not reissue the surrendered plate or plates until the next succeeding
licensing period.

[5.]7. If application for transfer of
registration is not made within 60 days after the destruction or transfer of
ownership of or interest in any vehicle, the license plate or plates must be
surrendered to the Department on or before the 60th day for cancellation of the
registration.

8.
If a person cancels his registration and surrenders to the Department his
license plates for a vehicle, the Department shall , in accordance with the provisions of subsection 9,
issue to the person a refund of the portion of the registration fee and
governmental services tax paid on the vehicle attributable to the remainder of
the current calendar year or registration period on a pro rata basis.

9. The Department shall issue a refund pursuant to
subsection 8 only if the request for a refund is made at the time the
registration is cancelled and the license plates are surrendered, the person
requesting the refund is a resident of Nevada, the amount eligible for refund
exceeds $100, and evidence satisfactory to the Department is submitted that
reasonably proves the existence of extenuating circumstances. For the purposes
of this subsection, the term extenuating circumstances means circumstances
wherein:

(a) The person has recently relinquished his drivers
license and has sold or otherwise disposed of his vehicle.

(b) The vehicle has been determined to be inoperable
and the person does not transfer the registration to a different vehicle.

(c) The owner of the vehicle is seriously ill or has
died and the guardians or survivors have sold or otherwise disposed of the
vehicle.

(d) Any
other event occurs which the Department, by regulation, has defined to
constitute an extenuating circumstance for the purposes of this subsection.

Sec. 7. NRS 371.070 is hereby amended to read
as follows:

371.070 Upon [vehicles registered]the registration for
the first time in this state after the beginning of the registration year[,]of a vehicle which is registered pursuant
to the provisions of NRS 706.801 to 706.861, inclusive, or which has a declared
gross weight in excess of 26,000 pounds, the amount of the governmental services tax must be reduced
one-twelfth for each month which has elapsed since the beginning of such year.

amount of the governmental services tax must be reduced
one-twelfth for each month which has elapsed since the beginning of such year.

Sec. 8. NRS 371.080 is hereby amended to read
as follows:

371.080 If any vehicle which is registered pursuant to the provisions of NRS
706.801 to 706.861, inclusive, or has a declared gross weight in excess of
26,000 pounds, and which is exempt from the governmental services
tax pursuant to NRS 371.100 ceases to be exempt after the beginning of the
registration year by reason of a change of ownership, the amount of the tax
must be reduced one-twelfth for each month which has elapsed since the
beginning of that year.

Sec. 9. 1. This section and sections 1 to 4,
inclusive, 6, 7 and 8 of this act become effective upon passage and approval.

2. Section 5 of this act becomes effective on January 1,
2004.

________

CHAPTER 499, SB 506

Senate Bill No. 506Committee on Finance

CHAPTER 499

AN ACT relating to
state financial administration; authorizing the sale of the National Guard
Armory located in Carson City under certain circumstances; and providing other
matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. Except as otherwise provided in
subsections 3 and 4, the Administrator of the Division of State Lands of the
State Department of Conservation and Natural Resources may sell, in accordance
with the procedures set forth in NRS 321.335, the National Guard Armory located
on South Carson Street in Carson City. The terms of the sale must allow this
state to continue to use the National Guard Armory as the interests of this
state may require, in the sole discretion of this state, for not more than 4
years after the date of the sale. Money received from the sale, less any costs
related to the sale, must be deposited in the Contingency Fund created by NRS
353.266.

2. Upon the request of the State Public Works Board, the
Interim Finance Committee may transfer to the appropriate account for the use
of the State Public Works Board any money deposited in the Contingency Fund
pursuant to subsection 1. Except as otherwise provided in this subsection,
money transferred pursuant to this subsection must be used for costs of
construction and other costs associated with the project numbered and described
in the executive budget for the Fiscal Years 2003-2004 and 2004-2005 or otherwise
described as project 03-C6, State Emergency Operations Center. After completion
of the project described in this subsection and payment of all costs of
construction and other costs associated with the project, any remaining money
that was transferred pursuant to this subsection reverts to the Contingency
Fund.

3. The Administrator of the Division of State Lands of the
State Department of Conservation and Natural Resources may not make the sale described in subsection 1 unless he complies with all requirements
set forth in NRS 321.335, including, without limitation, obtaining the approval
of the State Board of Examiners and the Interim Finance Committee pursuant to
subsection 2 of NRS 321.335.

described in subsection 1 unless he complies with all requirements
set forth in NRS 321.335, including, without limitation, obtaining the approval
of the State Board of Examiners and the Interim Finance Committee pursuant to
subsection 2 of NRS 321.335.

4. The Administrator of the Division of State Lands of the
State Department of Conservation and Natural Resources may not make the sale
described in subsection 1 if:

(a) This state receives money during the 2003-2005 biennium
as a result of the settlement agreement finalized on April 28, 2003, or any
other settlement agreement finalized after that date, between leading
investment firms and the Securities and Exchange Commission, or any resulting
settlement agreements between such leading investment firms and this state
entered into on or after April 28, 2003;

(b) A portion of the money described in paragraph (a) is
transferred to the appropriate account for the use of the State Public Works
Board for costs of construction and other costs associated with the project
described in subsection 2; and

(c) As determined by the Interim Finance Committee, the
money transferred pursuant to paragraph (b), when combined with any federal
grants and other money made available for costs of construction and other costs
associated with the project described in subsection 2, is sufficient to pay the
costs of construction and other costs associated with the project described in
subsection 2.

Sec. 2. This act becomes effective on July 1, 2003.

________

CHAPTER 500, AB 218

Assembly Bill No. 218Committee on Education

CHAPTER 500

AN ACT relating to
education; revising provisions governing the plan required of each public
school for the progressive discipline of pupils and on-site review of
disciplinary decisions; requiring the principal of each public school to submit
to the superintendent of schools of the school district the plan established
for the progressive discipline of pupils and on-site review of disciplinary
decisions; requiring each school district and the Superintendent of Public
Instruction to prepare certain compilations and reports concerning the plans
submitted by each public school; and providing other matters properly relating
thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 392.4644 is hereby amended to
read as follows:

392.4644 1.
The principal of each public school shall establish a plan to provide for the
progressive discipline of pupils and on-site review of disciplinary decisions.
The plan must:

[1.](a) Be developed with the input and
participation of teachers and
other educational personneland support personnel who are employed at the school, and the parents and guardians of pupils who are
enrolled in the school.

the school, and
the parents and guardians of pupils
who are enrolled in the school.

[2.](b) Be consistent with the written rules of
behavior prescribed in accordance with NRS 392.463.

[3.](c) Include, without limitation, provisions
designed to address the specific disciplinary needs and concerns of the school.

[4.](d) Provide for the temporary removal of a
pupil from a classroom in accordance with NRS 392.4645.

2. On or
before October 1 of each year, the principal of each public school shall:

(a) Review
the plan in consultation with the teachers and other educational personnel and
support personnel who are employed at the school;

(b) Based
upon the review, make revisions to the plan, as recommended by the teachers and
other educational personnel and support personnel, if necessary; and

(c) Post a
copy of the plan or the revised plan, as applicable, in a prominent place at
the school for public inspection and otherwise make the plan available for
public inspection at the administrative office of the school.

3. On or
before October 1 of each year, the principal of each public school shall submit
a copy of the plan established pursuant to subsection 1 or a revised plan, if
applicable, to the superintendent of schools of the school district. On or
before November 1 of each year, the superintendent of schools of each school
district shall submit a report to the board of trustees of the school district
that includes:

(a) A
compilation of the plans submitted pursuant to this subsection by each school
within the school district.

(b) The name of
each principal, if any, who has not complied with the requirements of this
section.

4. On or
before November 30 of each year, the board of trustees of each school district
shall submit a written report to the Superintendent of Public Instruction based
upon the compilation submitted pursuant to subsection 3 that reports the
progress of each school within the district in complying with the requirements
of this section.

5. On or
before December 31 of each year, the Superintendent of Public Instruction shall
submit a written report to the Director of the Legislative Counsel Bureau
concerning the progress of the schools and school districts throughout this
state in complying with this section. If the report is submitted during:

(a) An
even-numbered year, the Director of the Legislative Counsel Bureau shall
transmit it to the next regular session of the Legislature.

(b) An
odd-numbered year, the Director of the Legislative Counsel Bureau shall
transmit it to the Legislative Committee on Education.

Sec. 2. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 3384κ

CHAPTER 501, SB 147

Senate Bill No. 147Committee on Government Affairs

CHAPTER 501

AN ACT relating to
ethics in government; requiring certain public officers to submit
electronically to the Commission on Ethics and the Secretary of State a list of
public officers and candidates for public office; revising the prohibition
against a public officer or employee using his position in government to secure
or grant unwarranted privileges, preferences, exemptions or advantages for
certain persons; removing a duplicative provision relating to the disclosure of
certain conflicts of interest; revising certain deadlines related to
investigations and determinations concerning ethics violations; eliminating the
authority of the Commission to impose a civil penalty against a person who
submits to the Commission a false accusation or information in bad faith or
with a vexatious purpose; revising the provisions governing the filing of
statements of financial disclosure; repealing the provision prohibiting a
person from making, using, publishing or disseminating a false, deceptive or
misleading statement to induce the Commission to render an opinion or take
action relating thereto; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 281 of NRS is hereby amended by
adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

Sec. 1.3. 1. A list of each public officer who is required to file a
statement of financial disclosure pursuant to NRS 281.561 or section 1.7 of
this act must be submitted electronically to the Commission and to the
Secretary of State, in a form prescribed by the Commission, on or before
December 1 of each year by:

(a) Each county
clerk for all public officers of the county and other local governments within
the county other than cities;

(b) Each city
clerk for all public officers of the city;

(c) The
Director of the Legislative Counsel Bureau for all public officers of the
Legislative Branch; and

(d) The Chief
of the Budget Division of the Department of Administration for all public
officers of the Executive Branch.

2. The
Secretary of State, each county clerk, or the registrar of voters of the county
if one was appointed pursuant to NRS 244.164, and each city clerk shall submit
electronically to the Commission, and each county clerk, or the registrar of
voters of the county if one was appointed pursuant to NRS 244.164, and each
city clerk shall submit electronically to the Secretary of State, in a form
prescribed by the Commission, a list of each candidate for public office who
filed a declaration of candidacy or acceptance of candidacy with that officer
within 10 days after the last day to qualify as a candidate for the applicable
office.

Sec. 1.7. 1. Except as otherwise provided in subsection 2 or 3, each
public officer who was appointed to the office for which he is serving and who
is entitled to receive annual compensation of $6,000 or more for serving in
that office shall file with the Commission, and with the officer with whom
declarations of candidacy for the office are filed, a statement of financial
disclosure, as follows:

(a) A public
officer appointed to fill the unexpired term of an elected public officer shall
file a statement of financial disclosure within 30 days after his appointment.

(b) Each
public officer appointed to fill an office shall file a statement of financial
disclosure on or before January 15 of each year of the term, including the year
the term expires.

(c) A
public officer who leaves office on a date other than the expiration of his
term or anniversary of his appointment shall file a statement of financial disclosure
within 60 days after leaving office.

2. A
statement filed pursuant to one of the paragraphs of subsection 1 may be used
to satisfy the requirements of another paragraph of subsection 1 if the initial
statement was filed not more than 3 months before the other statement is
required to be filed.

3. If a
person is serving in a public office for which he is required to file a
statement pursuant to subsection 1, he may use the statement he files for that
initial office to satisfy the requirements of subsection 1 for every other
public office in which he is also serving.

4. A
person may satisfy the requirements of subsection 1 by filing with the
Commission a copy of a statement of financial disclosure that was filed
pursuant to the requirements of a specialized or local ethics committee if the
form of the statement has been approved by the Commission.

5. A candidate
for judicial office or a judicial officer shall file a statement of financial
disclosure pursuant to the requirements of Canon 4I of the Nevada Code of
Judicial Conduct. Such a statement of financial disclosure must include,
without limitation, all information required to be included in a statement of
financial disclosure pursuant to NRS 281.571.

Sec. 2. NRS 281.431 is hereby amended to read
as follows:

281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 1.3 and 1.7 of this act, unless
the context otherwise requires, the words and terms defined in NRS 281.432 to
281.4375, inclusive, have the meanings ascribed to them in those sections.

Sec. 2.5. (Deleted by amendment.)

Sec. 3. NRS 281.4635 is hereby amended to
read as follows:

281.46351. In addition to any other duties
imposed upon him, the Executive Director shall:

(a) Maintain complete and accurate records of all
transactions and proceedings of the Commission.

(c) Gather information and conduct investigations
regarding requests for opinions received by the Commission and submit recommendations
to the panel appointed pursuant to NRS 281.462 regarding whether there is just
and sufficient cause to render an opinion in response to a particular request.

(d) Recommend to the Commission any regulations or
legislation that he considers desirable or necessary to improve the operation
of the Commission and maintain high standards of ethical conduct in government.

(e) Upon the request of any public officer or the
employer of a public employee, conduct training on the requirements of this
chapter, the rules and regulations adopted by the Commission and previous
opinions of the Commission. In any such training, the Executive Director shall
emphasize that he is not a member of the Commission and that only the
Commission may issue opinions concerning the application of the statutory
ethical standards to any given set of facts and circumstances. The Commission [shall]may charge a
reasonable fee to cover the costs of training provided by the Executive
Director pursuant to this subsection.

(f) Perform such other duties, not inconsistent with
law, as may be required by the Commission.

2. The Executive Director shall, within the limits of
legislative appropriation, employ such persons as are necessary to carry out
any of his duties relating to:

(a) The administration of the affairs of the
Commission;

(b) The review of statements of financial disclosure;
and

(c) The investigation of matters under the jurisdiction
of the Commission.

Sec. 3.3. (Deleted by amendment.)

Sec. 3.7. NRS 281.471 is hereby amended to read
as follows:

281.471The Commission shall:

1. Adopt procedural regulations:

(a) To facilitate the receipt of inquiries by the
Commission;

(b) For the filing of a request for an opinion with the
Commission;

(c) For the withdrawal of a request for an opinion by
the person who filed the request; and

(d) To facilitate the prompt rendition of opinions by
the Commission.

2. Prescribe,
by regulation, forms for the submission of statements of financial disclosure
filed by candidates and elected and appointed public officers pursuant to NRS
281.561 and section 1.7 of this act and statements of acknowledgment filed by
public officers pursuant to NRS 281.552.

3. Prescribe,
by regulation, [forms and] procedures for the submission
of statements of financial disclosure filed by appointed public officers pursuant to section 1.7
of this act and statements of acknowledgment filed by public
officers pursuant to NRS 281.552, maintain files of such statements and make
the statements available for public inspection.

[3.]4. Cause the making of such investigations as
are reasonable and necessary for the rendition of its opinions pursuant to this
chapter.

[4.]5. Inform the Attorney General or district
attorney of all cases of noncompliance with the requirements of this chapter.

[5.]6. Recommend to the Legislature such further
legislation as the Commission considers desirable or necessary to promote and
maintain high standards of ethical conduct in government.

[6.]7. Publish a manual for the use of public
officers and employees that contains:

(a) Hypothetical opinions which are abstracted from
opinions rendered pursuant to subsection 1 of NRS 281.511, for the future
guidance of all persons concerned with ethical standards in government;

The Legislative Counsel shall prepare annotations to this chapter
for inclusion in the Nevada Revised Statutes based on the abstracts and
published opinions of the Commission.

Sec. 4. NRS 281.475 is hereby amended to read
as follows:

281.475 1. The Chairman and Vice Chairman of the
Commission may administer oaths.

2. The Commission, upon majority vote, may issue a
subpoena to compel the attendance of a witness and the production of books and
papers. Upon the request of the Executive Director or the public officer or
public employee who is the subject of a request for an opinion, the Chairman
or, in his absence, the Vice Chairman, may issue a subpoena to compel the
attendance of a witness and the production of books and papers.

3. Before issuing a subpoena to a public officer or
public employee who is the subject of a request for an opinion, the Executive
Director shall submit a written request to the public officer or public
employee requesting:

(a) His appearance as a witness; or

(b) His production of any books and papers relating to
the request for an opinion.

4. Each written request submitted by the Executive
Director pursuant to subsection 3 must specify the time and place for the
attendance of the public officer or public employee or the production of any
books and papers, and designate with certainty the books and papers requested,
if any. If the public officer or public employee fails or refuses to attend at
the time and place specified or produce the books and papers requested by the
Executive Director within 5 business days after receipt of the request, the
Chairman may issue the subpoena. Failure of the public officer or public
employee to comply with the written request of the Executive Director [constitutes
good cause for extension]shall be deemed a waiver by the public officer or public
employee of the time set forth in subsections 3 and 4 of NRS
281.511.

5. If any witness refuses to attend, testify or
produce any books and papers as required by the subpoena, the Chairman of the
Commission may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of
attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Commission
pursuant to this section; and

(c) The witness has failed or refused to attend or
produce the books and papers required by the subpoena before the Commission, or
has refused to answer questions propounded to him, and asking for an order of
the court compelling the witness to attend and testify or produce the books and
papers before the Commission.

6. Except as otherwise provided in this subsection,
upon such a petition, the court shall enter an order directing the witness to
appear before the court at a time and place to be fixed by the court in its
order, the time to be not more than 10 days after the date of the order, and
then and there show cause why he has not attended, testified or produced the
books or papers before the Commission. If the witness has been subpoenaed by
the Commission in response to a request for an opinion filed pursuant to NRS
294A.345 or 294A.346, the court shall direct the witness to appear before the
court as expeditiously as possible to allow the
Commission to render its opinion within the time required by NRS 281.477.

expeditiously as possible to allow the Commission to render
its opinion within the time required by NRS 281.477. A certified copy of the
order must be served upon the witness.

7. If it appears to the court that the subpoena was
regularly issued by the Commission, the court shall enter an order that the
witness appear before the Commission, at the time and place fixed in the order,
and testify or produce the required books and papers. Upon failure to obey the
order, the witness must be dealt with as for contempt of court.

Sec. 5. NRS 281.481 is hereby amended to read
as follows:

281.481 A code of ethical standards is hereby
established to govern the conduct of public officers and employees:

1. A public officer or employee shall not seek or
accept any gift, service, favor, employment, engagement, emolument or economic
opportunity which would tend improperly to influence a reasonable person in his
position to depart from the faithful and impartial discharge of his public
duties.

2. A public officer or employee shall not use his position
in government to secure or grant unwarranted privileges, preferences,
exemptions or advantages for himself, [any member of his
household,] any business entity in which he has a
significant pecuniary interest, or any [other person.]person to whom he has a commitment
in a private capacity to the interests of that person. As used in
this subsection [, unwarranted]:

(a) Commitment
in a private capacity to the interests of that person has the meaning ascribed
to commitment in a private capacity to the interests of others in subsection
7 of NRS 281.501.

(b) Unwarranted
means without justification or adequate reason.

3. A public officer or employee shall not participate
as an agent of government in the negotiation or execution of a contract between
the government and any private business in which he has a significant pecuniary
interest.

4. A public officer or employee shall not accept any salary,
retainer, augmentation, expense allowance or other compensation from any
private source for the performance of his duties as a public officer or
employee.

5. If a public officer or employee acquires, through
his public duties or relationships, any information which by law or practice is
not at the time available to people generally, he shall not use the information
to further the pecuniary interests of himself or any other person or business
entity.

6. A public officer or employee shall not suppress any
governmental report or other document because it might tend to affect
unfavorably his pecuniary interests.

7. A public officer or employee, other than a member
of the Legislature, shall not use governmental time, property, equipment or
other facility to benefit his personal or financial interest. This subsection
does not prohibit:

(a) A limited use of governmental property, equipment
or other facility for personal purposes if:

(1) The public officer who is responsible for
and has authority to authorize the use of such property, equipment or other
facility has established a policy allowing the use or the use is necessary as a
result of emergency circumstances;

(2) The use does not interfere with the
performance of his public duties;

(b) The use of mailing lists, computer data or other
information lawfully obtained from a governmental agency which is available to
members of the general public for nongovernmental purposes; or

(c) The use of telephones or other means of
communication if there is not a special charge for that use.

If a governmental agency incurs a cost as a result of a use
that is authorized pursuant to this subsection or would ordinarily charge a
member of the general public for the use, the public officer or employee shall promptly
reimburse the cost or pay the charge to the governmental agency.

8. A member of the Legislature shall not:

(a) Use governmental time, property, equipment or other
facility for a nongovernmental purpose or for the private benefit of himself or
any other person. This paragraph does not prohibit:

(1) A limited use of state property and
resources for personal purposes if:

(I) The use does not interfere with the
performance of his public duties;

(II) The cost or value related to the use
is nominal; and

(III) The use does not create the
appearance of impropriety;

(2) The use of mailing lists, computer data or
other information lawfully obtained from a governmental agency which is
available to members of the general public for nongovernmental purposes; or

(3) The use of telephones or other means of
communication if there is not a special charge for that use.

(b) Require or authorize a legislative employee, while
on duty, to perform personal services or assist in a private activity, except:

(1) In unusual and infrequent situations where
the employees service is reasonably necessary to permit the Legislator or
legislative employee to perform his official duties; or

(2) Where such service has otherwise been
established as legislative policy.

9. A public officer or employee shall not attempt to
benefit his personal or financial interest through the influence of a
subordinate.

10. A public officer or employee shall not seek other
employment or contracts through the use of his official position.

Sec. 6. NRS 281.501 is hereby amended to read
as follows:

281.501 1. Except as otherwise provided in subsection
2 or 3, a public officer may vote upon a matter if the benefit or detriment
accruing to him as a result of the decision either individually or in a
representative capacity as a member of a general business, profession,
occupation or group is not greater than that accruing to any other member of
the general business, profession, occupation or group.

2. In addition to the requirements of the code of
ethical standards, a public officer shall not vote upon or advocate the passage
or failure of, but may otherwise participate in the consideration of a matter
with respect to which the independence of judgment of a reasonable person in
his situation would be materially affected by:

It must be presumed that the independence of judgment of a
reasonable person would not be materially affected by his pecuniary interest or
his commitment in a private capacity to the interests of others where the
resulting benefit or detriment accruing to him or to the other persons whose
interests to which the member is committed in a private capacity is not greater
than that accruing to any other member of the general business, profession,
occupation or group. The presumption set forth in this subsection does not
affect the applicability of the requirements set forth in subsection 3 relating
to the disclosure of the pecuniary interest or commitment in a private capacity
to the interests of others.

3. A public officer or employee shall not approve,
disapprove, vote, abstain from voting or otherwise act upon any matter:

(a) Regarding which he has accepted a gift or loan;

(b) Which would reasonably be affected by his
commitment in a private capacity to the interest of others; or

(c) In which he has a pecuniary interest,

without disclosing sufficient information concerning the
gift, loan, commitment or interest to inform the public of the potential effect
of the action or abstention upon the person who provided the gift or loan, upon
the person to whom he has a commitment, or upon his interest. Except as
otherwise provided in subsection [6,]5, such a disclosure must
be made at the time the matter is considered. If the officer or employee is a
member of a body which makes decisions, he shall make the disclosure in public
to the Chairman and other members of the body. If the officer or employee is
not a member of such a body and holds an appointive office, he shall make the
disclosure to the supervisory head of his organization or, if he holds an
elective office, to the general public in the area from which he is elected.
This subsection does not require a public officer to disclose any campaign
contributions that the public officer reported pursuant to NRS 294A.120 or
294A.125 in a timely manner.

4. If a public officer declares to the body or
committee in which the vote is to be taken that he will abstain from voting
because of the requirements of this section, the necessary quorum to act upon
and the number of votes necessary to act upon the matter, as fixed by any
statute, ordinance or rule, is reduced as though the member abstaining were not
a member of the body or committee.

5. [If a public officer is voting on a matter which affects
public employees, he shall make a full public disclosure of any personal
pecuniary interest which he may have in the matter.

6.]
After a member of the Legislature makes a disclosure pursuant to subsection 3,
he may file with the Director of the Legislative Counsel Bureau a written
statement of his disclosure. The written statement must designate the matter to
which the disclosure applies. After a Legislator files a written statement
pursuant to this subsection, he is not required to disclose orally his interest
when the matter is further considered by the Legislature or any committee
thereof. A written statement of disclosure is a public record and must be made
available for inspection by the public during the regular office hours of the
Legislative Counsel Bureau.

[7.] 6. The provisions of this section do not,
under any circumstances:

(a) Prohibit a member of the legislative branch from
requesting or introducing a legislative measure; or

(b) Require a member of the legislative branch to take
any particular action before or while requesting or introducing a legislative
measure.

[8.] 7. As used in this section, commitment in a
private capacity to the interests of others means a commitment to a person:

(a) Who is a member of his household;

(b) Who is related to him by blood, adoption or
marriage within the third degree of consanguinity or affinity;

(c) Who employs him or a member of his household;

(d) With whom he has a substantial and continuing
business relationship; or

(e) Any other commitment or relationship that is
substantially similar to a commitment or relationship described in this
subsection.

Sec. 7. NRS 281.511 is hereby amended to read
as follows:

281.511 1. The Commission shall render an opinion
interpreting the statutory ethical standards and apply the standards to a given
set of facts and circumstances upon request , on a form prescribed by the Commission, from
a public officer or employee who is seeking guidance on questions which
directly relate to the propriety of his own past, present or future conduct as
an officer or employee. He may also request the Commission to hold a public
hearing regarding the requested opinion. If a requested opinion relates to the
propriety of his own present or future conduct, the opinion of the Commission
is:

(a) Binding upon the requester as to his future
conduct; and

(b) Final and subject to judicial review pursuant to
NRS 233B.130, except that a proceeding regarding this review must be held in
closed court without admittance of persons other than those necessary to the
proceeding, unless this right to confidential proceedings is waived by the
requester.

2. The Commission may render an opinion interpreting
the statutory ethical standards and apply the standards to a given set of facts
and circumstances:

(a) Upon request from a specialized or local ethics
committee.

(b) Except as otherwise provided in this subsection,
upon request from a person, if the requester[:

(1) Submits
all]submits:

(1)
The request on a form prescribed by the Commission; and

(2)
All related evidence deemed necessary by the Executive Director
and the panel to make a determination of whether there is just and sufficient
cause to render an opinion in the matter . [; and

(2) Signs
a statement on a form prescribed by the Commission in which he affirms that:

(I)
The accusation or information contained in the request is true;

(II)
He did not submit the request in bad faith or with a vexatious purpose; and

(III)
He understands that the Commission may impose penalties upon him pursuant to
NRS 281.551 if the Commission determines that the accusation or information is
false and was submitted in bad faith or with a vexatious purpose.]

(c) Upon the Commissions own motion regarding the
propriety of conduct by a public officer or employee. The Commission shall not
initiate proceedings pursuant to this paragraph based solely upon an anonymous
complaint.

The Commission shall not render an opinion interpreting the
statutory ethical standards or apply those standards to a given set of facts
and circumstances if the request is submitted by a person who is incarcerated
in a correctional facility in this state.

3. Upon receipt of a request for an opinion by the
Commission or upon the motion of the Commission pursuant to subsection 2, the
Executive Director shall investigate the facts and circumstances relating to
the request to determine whether there is just and sufficient cause for the
Commission to render an opinion in the matter. The public officer or employee
that is the subject of the request may submit to the Executive Director any
information relevant to the request. The Executive Director shall complete an
investigation and present his recommendation relating to just and sufficient
cause to the panel within [15]45 days after the receipt of or the motion of
the Commission for the request, unless the [panel extends the time
for a period not to exceed 30 days upon the request of the Executive
Director for good cause shown or the request of the]
public officer or employee [.]waives this time limit. If the Executive
Director determines after an investigation that just and sufficient cause
exists for the Commission to render an opinion in the matter, he shall state
such a recommendation in writing, including, without limitation, the specific
evidence that supports his recommendation. If, after an investigation, the
Executive Director does not determine that just and sufficient cause exists for
the Commission to render an opinion in the matter, he shall state such a
recommendation in writing, including, without limitation, the specific reasons
for his recommendation. Within 15 days after the Executive Director has
provided his recommendation in the matter to the panel, the panel shall make a
final determination regarding whether just and sufficient cause exists for the
Commission to render an opinion in the matter, unless the [Commission extends the
time for a period not to exceed 30 days upon the request of the panel for
good cause shown or the request of the] public officer or
employee [.]waives this time limit. The panel shall not
determine that there is just and sufficient cause for the Commission to render
an opinion unless the panel has provided the public officer or employee an
opportunity to respond to the allegations against him. The panel shall cause a
record of its proceedings in each matter to be kept , and such a record must remain confidential
until the panel determines whether there is just and sufficient cause for the
Commission to render an opinion in the matter.

4. If the panel determines that just and sufficient
cause exists for the Commission to render an opinion requested pursuant to this
section, the Commission shall hold a hearing and render an opinion in the
matter within 30 days after the determination of just and sufficient cause
by the panel, unless the [Commission extends the time for a period not to exceed
30 days for good cause shown or upon the request of the]
public officer or employee [.]waives this time limit.

5. Each request for an opinion that a public officer
or employee submits to the Commission pursuant to subsection 1, each opinion
rendered by the Commission in response to such a request and any motion,
determination, evidence or record of a hearing relating to such a request are
confidential unless the public officer or employee who requested the opinion:

(a) Acts in contravention of the opinion, in which case
the Commission may disclose the request for the opinion, the contents of the
opinion and any motion, evidence or record of a hearing related thereto;

(b) Discloses the request for the opinion, the contents
of the opinion , or
any motion, evidence or record of a hearing related thereto; or

(c) Requests the Commission to disclose the request for
the opinion, the contents of the opinion , or any motion, evidence or record of a
hearing related thereto.

6. Except as otherwise provided in this subsection,
each document in the possession of the Commission or its staff that is related
to a request for an opinion regarding a public officer or employee submitted to
or initiated by the Commission pursuant to subsection 2, including, without
limitation, the Commissions copy of the request and all materials and
information gathered in an investigation of the request, is confidential until
the panel determines whether there is just and sufficient cause to render an
opinion in the matter. The public officer or employee who is the subject of a
request for an opinion submitted or initiated pursuant to subsection 2 may in
writing authorize the Commission to make its files, material and information
which are related to the request publicly available.

7. Except as otherwise provided in paragraphs (a) and
(b), the proceedings of a panel are confidential until the panel determines
whether there is just and sufficient cause to render an opinion. A person who:

(a) Requests an opinion from the Commission pursuant to
paragraph (b) of subsection 2 may:

(1) At any time, reveal to a third party the
alleged conduct of a public officer or employee underlying the request that he
filed with the Commission or the substance of testimony, if any, that he gave
before the Commission.

(2) After the panel determines whether there is
just and sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he requested an opinion from the Commission.

(b) Gives testimony before the Commission may:

(1) At any time, reveal to a third party the
substance of testimony that he gave before the Commission.

(2) After the panel determines whether there is
just and sufficient cause to render an opinion in the matter, reveal to a third
party the fact that he gave testimony before the Commission.

8. Whenever the Commission holds a hearing pursuant to
this section, the Commission shall:

(a) Notify the person about whom the opinion was
requested of the place and time of the Commissions hearing on the matter;

(b) Allow the person to be represented by counsel; and

(c) Allow the person to hear the evidence presented to
the Commission and to respond and present evidence on his own behalf.

The Commissions hearing may be held no sooner than 10 days
after the notice is given unless the person agrees to a shorter time.

9. If a person who is not a party to a hearing before
the Commission, including, without limitation, a person who has requested an
opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a
question of a witness at the hearing, the person must submit the question to
the Executive Director in writing. The Executive Director may submit the
question to the Commission if he deems the question relevant and appropriate.
This subsection does not require the Commission to ask any question submitted
by a person who is not a party to the proceeding.

10. If a person who requests an opinion pursuant to
subsection 1 or 2 does not:

11. For good cause shown, the Commission may take
testimony from a person by telephone or video conference.

12. For the purposes of NRS 41.032, the members of the
Commission and its employees shall be deemed to be exercising or performing a
discretionary function or duty when taking an action related to the rendering
of an opinion pursuant to this section.

13. A meeting or hearing that the Commission or the
panel holds to receive information or evidence concerning the propriety of the
conduct of a public officer or employee pursuant to this section and the
deliberations of the Commission and the panel on such information or evidence
are not subject to the provisions of chapter 241 of NRS.

Sec. 7.5. (Deleted by amendment.)

Sec. 8. NRS 281.551 is hereby amended to read
as follows:

281.551 1. In addition to any other penalty provided
by law, the Commission may impose on a public officer or employee or former
public officer or employee civil penalties:

(a) Not to exceed $5,000 for a first willful violation
of this chapter;

(b) Not to exceed $10,000 for a separate act or event
that constitutes a second willful violation of this chapter; and

(c) Not to exceed $25,000 for a separate act or event
that constitutes a third willful violation of this chapter.

2. In addition to other penalties provided by law, the
Commission may impose a civil penalty not to exceed $5,000 and assess an amount
equal to the amount of attorneys fees and costs actually and reasonably
incurred by the person about whom an opinion was requested pursuant to NRS
281.511, against a person who[:

(a) Submits
to the Commission, in bad faith or with a vexatious purpose, an accusation or
information that is false; or

(b) Prevents,]prevents, interferes
with or attempts to prevent or interfere with the discovery or investigation of
a violation of this chapter.

3. If the Commission finds that a violation of a
provision of this chapter by a public officer or employee or former public
officer or employee has resulted in the realization by another person of a
financial benefit, the Commission may, in addition to other penalties provided
by law, require the current or former public officer or employee to pay a civil
penalty of not more than twice the amount so realized.

4. In addition to any other penalty provided by law,
by an affirmative vote of two-thirds of the Commission, the Commission may
impose on any person who violates any provision of NRS 294A.345 or 294A.346 a
civil penalty not to exceed $5,000. The Commission shall not impose a civil
penalty for a violation of NRS 294A.345 unless the Commission has made the
specific findings required pursuant to subsection 7 of NRS 281.477.

5. If the Commission finds that:

(a) A willful violation of this chapter has been committed
by a public officer removable from office by impeachment only, [it]the Commission shall
file a report with the appropriate person responsible for commencing
impeachment proceedings as to its finding. The report must contain a statement
of the facts alleged to constitute the violation.

(b) A willful violation of this chapter has been
committed by a public officer removable from office pursuant to NRS 283.440,
the Commission may file a proceeding in the appropriate court for removal of
the officer.

(c) Three or more willful violations have been
committed by a public officer removable from office pursuant to NRS 283.440,
the Commission shall file a proceeding in the appropriate court for removal of
the officer.

6. An action taken by a public officer or employee or
former public officer or employee relating to NRS 281.481, 281.491, 281.501 or
281.505 is not a willful violation of a provision of those sections if the
public officer or employee:

(a) Relied in good faith upon the advice of the legal
counsel retained by the public body which the public officer represents or by
the employer of the public employee or upon the manual published by the
Commission pursuant to NRS 281.471;

(b) Was unable, through no fault of his own, to obtain
an opinion from the Commission before the action was taken; and

(c) Took action that was not contrary to a prior
published opinion issued by the Commission.

7. In addition to other penalties provided by law, a
public employee who willfully violates a provision of NRS 281.481, 281.491,
281.501 or 281.505 is subject to disciplinary proceedings by his employer and
must be referred for action in accordance to the applicable provisions
governing his employment.

8. NRS 281.481 to 281.541, inclusive, do not abrogate
or decrease the effect of the provisions of the Nevada Revised Statutes which
define crimes or prescribe punishments with respect to the conduct of public
officers or employees. If the Commission finds that a public officer or
employee has committed a willful violation of this chapter which it believes may
also constitute a criminal offense, the Commission shall refer the matter to
the Attorney General or the district attorney, as appropriate, for a
determination of whether a crime has been committed that warrants prosecution.

9. The imposition of a civil penalty pursuant to
subsections 1 to 4, inclusive, is a final decision for the purposes of judicial
review.

10. [In determining for the purposes of this section whether a
person submitted an accusation or information in bad faith or with a vexatious
purpose, the Commission may consider various factors, including, without
limitation:

(a) When
the accusation or information was filed with or provided to the Commission;

(b) Whether
and, if applicable, in what manner the person who submitted the accusation or
information publicly disseminated the accusation or information before the
Commission determined whether there was just and sufficient cause to render an
opinion in the matter;

(c) Whether
the accusation or information sets forth alleged facts or details that are
misleading or deceptive; and

(d) Whether
the accusation or information or the conduct of the person who submitted the
accusation or information:

(1) Would
be perceived as annoying or harassing by a reasonable person; or

(2) Demonstrates
conscious disregard for the process and procedures established by the
Commission.

11.]
A finding by the Commission that a public officer or employee has violated any
provision of this chapter must be supported by a preponderance of the evidence
unless a greater burden is otherwise prescribed by law.

Sec. 8.3. NRS 281.552 is
hereby amended to read as follows:

281.5521. Every public officer shall
acknowledge that he has received, read and understands the statutory ethical
standards. The acknowledgment must be on a form prescribed by the Commission
and must accompany the first statement of financial disclosure that the public
officer is required to file with the Commission pursuant to section 1.7 of this act or with the
Secretary of State pursuant to NRS 281.561.

2. The Commission and the Secretary of State shall retain an
acknowledgment filed pursuant to this section for 6 years after the date on
which the acknowledgment was filed.

3. Willful refusal to execute and file the
acknowledgment required by this section constitutes nonfeasance in office and
is a ground for removal pursuant to NRS 283.440.

Sec. 8.7. NRS 281.561 is hereby amended to read
as follows:

281.5611. Except as otherwise provided in
subsection 2 or 3, [if a]each candidate for public office [or
a public officer is]who will be entitled to receive annual compensation of $6,000 or more for
serving in the office [in question, he]that he is seeking and each public officer who was elected
to the office for which he is serving shall file with the [Commission,]Secretary of State, and
with the officer with whom declarations of candidacy for the office [in
question] are filed, a statement of financial disclosure,
as follows:

(a) A candidate for nomination, election or reelection
to public office shall file a statement of financial disclosure no later than
the 10th day after the last day to qualify as a candidate for the office.

(b) [A public officer appointed to fill the unexpired term of an
elected public officer shall file a statement of financial disclosure within 30
days after his appointment.

(c) Every
public officer, whether appointed or elected,]Each public officer shall
file a statement of financial disclosure on or before [March 31] January 15 of each year
of the term, including the year the term expires.

[(d)](c) A public officer who leaves office on a
date other than the expiration of his term or anniversary of his [appointment
or election,]election
shall file a statement of financial disclosure within 60 days
after leaving office.

2. A statement filed pursuant to one of the paragraphs
of subsection 1 may be used to satisfy the requirements of another paragraph of
subsection 1 if the initial statement was filed not more than 3 months before
the other statement is required to be filed.

3. If a person is serving in a public office for which
he is required to file a statement pursuant to subsection 1, he may use the
statement he files for that initial office to satisfy the requirements of
subsection 1 for every other public office in which he is also serving.

4. A person may satisfy the requirements of subsection
1 by filing with the [Commission]Secretary of State a copy of a statement of
financial disclosure that was filed pursuant to the requirements of a
specialized or local ethics committee if the form of the statement has been
approved by the Commission.

5. A candidate for judicial office or a judicial
officer shall file a statement of financial disclosure pursuant to the
requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a
statement of financial disclosure must include, without limitation, all
information required to be included in a statement of financial disclosure
pursuant to NRS 281.571.

6. The
Secretary of State shall prescribe, by regulation, procedures for the
submission of statements of financial disclosure filed by candidates or public
officers pursuant to this section, maintain files of such statements and make
the statements available for public inspection.

Sec. 9. NRS 281.573 is hereby amended to read
as follows:

281.573 1. Except as otherwise provided in subsection
2, statements of financial disclosure required by the provisions of NRS 281.561
and 281.571 and section 1.7 of
this act must be retained by the Commission, Secretary of State,
county clerk , or registrar of
voters of the county if one was appointed pursuant to NRS 244.164, and
city clerk for 6 years after the date of filing.

2. For public officers who serve more than one term in
either the same public office or more than one public office, the period
prescribed in subsection 1 begins on the date of the filing of the last
statement of financial disclosure for the last public office held.

Sec. 10. NRS 281.575 is hereby amended to
read as follows:

281.575 The Secretary of State and each county clerk, or the registrar of voters of the
county if one was appointed pursuant to NRS 244.164, or city
clerk who receives from a candidate for public office a declaration of
candidacy, acceptance of candidacy or certificate of candidacy shall give to
the candidate the form prescribed by the Commission for the making of a
statement of financial disclosure, accompanied by instructions on how to
complete the form, where it must be filed and the time by which it must be
filed.

Sec. 11. NRS 281.581 is hereby amended to
read as follows:

281.581 1. A candidate for public office or public
officer who willfully fails
to file his statement of financial disclosure or willfully fails to file his statement of financial
disclosure in a timely manner pursuant to NRS 281.561 or section 1.7 of this act is
subject to a civil penalty and payment of court costs and attorneys fees.
Except as otherwise provided in subsection 3, the amount of the civil penalty
is:

(a) If the statement is filed not more than [7 days
late, $25 for each day the statement is late.] 10 days after the applicable deadline
set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this
act, $25.

(b) If the statement is filed more than [7 days
late]10 days
but not more than [15 days late, $175 for the first 7 days, plus $50
for each additional day the statement is late.] 20 days after the applicable deadline
set forth in subsection 1 of NRS 281.561 or subsection 1 of section 1.7 of this
act, $50.

(c) If the statement is filed more than [15 days
late, $575 for the first 15 days, plus $100 for each additional day the
statement is late.] 20 days but not more than 30 days after the applicable
deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section
1.7 of this act, $100.

(d) If the
statement is filed more than 30 days but not more than 45 days after the
applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of
section 1.7 of this act, $250.

3. The civil penalty imposed for a violation of this
section must not exceed the annual compensation for the office for which the
statement was filed.

4. The civil penalty must be recovered in a civil
action brought in the name of the State of Nevada by the Commission in a court
of competent jurisdiction and deposited by the Commission in the account for
credit to the State General Fund in the bank designated by the State Treasurer.

5. If the Commission waives a civil penalty pursuant
to subsection 2, the Commission shall:

(a) Create a record which sets forth that the civil
penalty has been waived and describes the circumstances that constitute the
good cause shown; and

(b) Ensure that the record created pursuant to
paragraph (a) is available for review by the general public.

6. As
used in this section, willfully means deliberately, intentionally and
knowingly.

Sec. 11.5. (Deleted by amendment.)

Sec. 12. NRS 281.437 and 281.525 are
hereby repealed.

Sec. 12.5. The amendatory provisions of this act do
not apply to conduct that occurred before the effective date of this act, or to
the jurisdiction, duties, powers or proceedings of the Commission on Ethics
relating to such conduct.

Sec. 13. This act becomes effective upon passage and
approval.

________

CHAPTER 502, SB 498

Senate Bill No. 498Committee on Finance

CHAPTER 502

AN ACT relating to
state financial administration; providing for the transfer and use of certain
money received from leading investment firms pursuant to certain settlement
agreements; and providing other matters properly relating thereto.

[Approved: June 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding the provisions of NRS
90.851:

1. Except as otherwise provided in subsection 2, the State
Controller shall transfer from the Revolving Account for Investigation,
Enforcement and Education created by NRS 90.851 to the Contingency Fund created
by NRS 353.266 any money received during the 2003-2005 biennium as a result of
the settlement agreement finalized on April 28, 2003, or any other settlement
agreement finalized after that date, between leading investment firms and the
Securities and Exchange Commission, or any resulting settlement
agreements between such leading investment firms and this state entered into on
or after April 28, 2003.

settlement agreements between such leading investment firms and
this state entered into on or after April 28, 2003.

2. The provisions of subsection 1 do not apply to any money
received pursuant to an agreement that expressly designates that money as money
for the education of investors.

3. Upon the request of the State Public Works Board, the
Interim Finance Committee may transfer to the appropriate account for the use
of the State Public Works Board any money transferred to the Contingency Fund
pursuant to subsection 1. Money transferred pursuant to this subsection must be
used for costs of construction and other costs associated with the project
numbered and described in the executive budget for the Fiscal Years 2003-2004
and 2004-2005 or otherwise described as project 03-C6, State Emergency
Operations Center.

AN ACT relating to
trade practices; requiring a supplier of farm equipment to repurchase the farm
equipment from a dealer to whom it was sold under certain circumstances;
providing for the payment of claims for reimbursement for work performed by
such a dealer under a warranty; and providing other matters properly relating
thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 597 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 20,
inclusive, of this act.

Sec. 2. As
used in sections 2 to 20, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 8, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 3. Dealer
means any person who engages in the business of selling inventory.

Sec. 4. Dealer
agreement means an oral or written agreement between a supplier and a dealer
by which:

1. A
commercial relationship of definite duration or continuing indefinite duration
is established;

2. The dealer
is granted the right to offer and sell inventory at retail;

3. The dealer
constitutes a component of a system for the distribution of inventory; and

4. The
operation of a portion of the dealers business is substantially dependent upon
the supplier for a continued supply of inventory.

Sec. 5. Inventory
means farm equipment or any attachments or repair parts for that farm
equipment.

Sec. 6. Net
price means the price set forth in the price list or catalog of a supplier
which is in effect when a dealer agreement is terminated, less any applicable
trade or cash discounts.

Sec. 7. Superseded
part or superseded repair part means a part which has an equivalent function
of a part which is available on the date of the termination of a dealer
agreement.

Sec. 8. Supplier
means:

1. A
manufacturer, wholesaler or wholesale distributor of new inventory;

2. A purchaser
of the assets or shares of a surviving corporation resulting from a merger or
liquidation of a supplier; or

3. A receiver,
assignee or trustee of such a manufacturer, wholesaler or wholesale
distributor.

Sec. 9. 1.
A supplier shall not terminate, fail to renew or substantially change the
terms of a dealer agreement without good cause.

2. Except as
otherwise provided in this section, a supplier may terminate or refuse to renew
a dealer agreement for good cause if the supplier provides to the dealer a
written notice setting forth the reasons for the termination or nonrenewal of
the dealer agreement at least 180 days before the termination or nonrenewal of
the dealer agreement.

3. A supplier
shall include in the written notice required by subsection 2 an explanation of
the deficiencies of the dealer and the manner in which those deficiencies must
be corrected. If the dealer corrects the deficiencies set forth in the notice
within 60 days after he receives the notice, the supplier shall not terminate
or fail to renew the dealer agreement for the reasons set forth in the notice.

4. A supplier
shall not terminate or refuse to renew a dealer agreement based solely on the
failure of the dealer to comply with the requirements of the dealer agreement
concerning the share of the market the dealer was required to obtain unless the
supplier has, for not less than 1 year, provided assistance to the dealer in
the dealers effort to obtain the required share of the market.

5. A supplier
is not required to comply with the provisions of subsections 2 and 3 if the
supplier terminates or refuses to renew a dealer agreement for any reason set
forth in paragraphs (b) to (i), inclusive, of subsection 6.

6. As used in
this section, good cause means:

(a) A dealer
fails to comply with the terms of a dealer agreement, if the terms are not
substantially different from the terms required for other dealers in this state
or any other state;

(b) A closeout
or sale of a substantial part of the business assets of a dealer or a
commencement of the dissolution or liquidation of the business assets of the
dealer;

(c) A dealer
changes its principal place of business or adds other places of business
without the prior approval of the supplier, which may not be unreasonably
withheld;

(d) A dealer
substantially defaults under a chattel mortgage or other security agreement
between the dealer and the supplier;

(e) A guarantee
of a present or future obligation of a dealer to the supplier is revoked or
discontinued;

(f) A dealer
fails to operate in the normal course of business for at least 7 consecutive
days;

(h) A dealer
pleads guilty to or is convicted of a felony affecting the business
relationship between the dealer and supplier; or

(i) A dealer
transfers a financial interest in the dealership, a person who has a substantial
financial interest in the ownership or control of the dealership dies or
withdraws from the dealership, or the financial interest of a partner or major
shareholder in the dealership is substantially reduced.

For the purposes of
this section, good cause does not exist if the supplier consents to any action
described in this section.

Sec. 10. 1. Each year a supplier shall allow each dealer with whom it has entered
into a dealer agreement to return to the supplier for credit a portion of the
surplus parts in the dealers inventory.

2. A supplier
shall notify each dealer of the period it has designated for that dealer to
submit a list of the surplus parts the dealer wishes to return and for that
dealer to return the surplus parts to the supplier. The period designated for
each dealer for the return of surplus parts must not be less than 90 days.

3. If a
supplier fails to notify a dealer of the period during which the dealer may
return surplus parts within the preceding 12 months, the supplier shall
authorize the return of a dealers surplus parts within 60 days after the
supplier receives a request from the dealer to return the surplus parts.

4. A dealer
may return surplus parts equal to not more than 10 percent of the value of the
parts purchased by the dealer from the supplier during:

(a) The
12-month period immediately preceding the notice provided to the dealer by the
supplier pursuant to subsection 2; or

(b) The month
the supplier receives a request from a dealer pursuant to subsection 3 to
return surplus parts to the supplier,

whichever is
applicable.

5. Any part
included in the suppliers list of returnable parts or any superseded part that
is not eligible for return to the supplier on the date the supplier provides
notice to the dealer pursuant to subsection 2 or the date the supplier receives
the dealers request pursuant to subsection 3, whichever is applicable, is
eligible for credit as a returned surplus part. A part which is returned must
be in new and undamaged condition and must have been purchased by the dealer
from the supplier to whom it is returned.

6. The minimum
credit allowed for a returned part is 95 percent of the net price, as set forth
in the suppliers list of returnable parts on the date the supplier provides
notice to the dealer pursuant to subsection 2 or the date the supplier receives
the dealers request pursuant to subsection 3, whichever is applicable.

7. All
applicable credit for the returned parts must be issued or provided to the
dealer within 90 days after the supplier receives the dealers returned surplus
parts.

8. The
provisions of this section:

(a) Do not
apply to a supplier that has established a program for its dealers for the
return of surplus repair parts if the program provides credit of not less than
85 percent of the net price for the returned repair parts;

(b) Do not
prohibit a supplier from charging a dealers account for the amounts previously
paid or credited by the supplier as a discount incident to the dealers
purchase of goods; and

(c) Do not
require a dealer to return for credit surplus parts to a supplier.

Sec. 11. A supplier shall not:

1. Require a
dealer to accept delivery of equipment, parts or accessories which the dealer
has not ordered unless the equipment, parts or accessories are required by the
supplier for the safe use of any inventory provided to the dealer by the
supplier;

2. Condition
the sale of any equipment to a dealer upon the purchase of additional goods or
services, except that a supplier may require a dealer to purchase those parts
which are necessary to maintain the equipment used in the area where the
dealership is located;

3. Prohibit a
dealer from purchasing equipment manufactured by another supplier; or

4. Terminate,
fail to renew or substantially change the terms of a dealer agreement because
of a natural disaster, including a drought in the market area of the
dealership, a labor dispute or any other similar circumstances which are beyond
the control of the dealer.

Sec. 12. 1. Except as otherwise provided in this section, upon the termination of
a dealer agreement by a supplier or dealer, the supplier shall repurchase the
inventory held by the dealer on the date of the termination of the dealer
agreement.

2. A supplier
who repurchases the inventory of a dealer pursuant to subsection 1 shall:

(a) Pay the
dealer:

(1) One
hundred percent of the net price of all new and undamaged inventory; and

(2) Ninety-five
percent of the net price of new and undamaged superseded repair parts.

(b) Except as
otherwise provided in this paragraph, pay the dealer an amount equal to 5
percent of the net price of all new and undamaged repair parts returned to the
supplier to cover the cost incurred by the dealer for handling, packing and
shipping the superseded repair parts to the supplier. If the supplier handles,
packs and ships the superseded repair parts, the dealer is not entitled to
receive any money for those services which the supplier performed.

(c) Purchase,
at its depreciated value, any computers, software or telecommunications
equipment that the supplier required the dealer to purchase within the previous
5 years.

(d) Repurchase,
at 75 percent of the net cost, any specialized repair tools purchased if those
tools are:

(1) Included
in the tool catalog of the supplier;

(2) Purchased
in accordance with the requirements of the supplier;

(3) Held
by the dealer on the date of the termination of the dealer agreement; and

(4) Complete
and in resalable condition.

(e) Repurchase
any inventory which is owned by the supplier and leased, rented or used in
demonstrations by the dealer if the supplier receives an allowance based on the
use of such inventory. Inventory which is used in demonstrations for not more
than a total of 50 hours shall be deemed
new inventory.

deemed new inventory.
Inventory which is used in demonstrations for more than 50 hours and purchased
from the supplier less than 36 months before the termination of the dealers
agreement must be repurchased at its depreciated value, as determined by the
supplier and dealer.

3. If the
dealer agreement authorizes the dealer to retain the inventory upon the
termination of the dealer agreement, the dealer may retain any portion of the
inventory, except any specialized tools described in paragraph (d) of
subsection 2 which the supplier wishes to repurchase from the dealer.

4. If the
dealer owes any outstanding debts to the supplier, the amount of the repurchase
of the inventory may be set off or credited to the account of the dealer.

5. Upon
payment to the dealer of the amount for the repurchase of the inventory
pursuant to this section, the title and right of possession to the inventory
transfers to the supplier.

Sec. 13. 1. At the end of each year after the termination of a dealer agreement,
a dealers reserve account for recourse, retail sale or lease contracts may not
be debited by a supplier or lender for any deficiency unless the dealer is
given written notice of at least 7 business days by certified or registered
mail, return receipt requested, of any proposed sale of the inventory which was
financed and an opportunity to purchase the inventory.

2. The dealer
must be given quarterly reports concerning any remaining outstanding recourse
contracts. As the recourse contracts are reduced, any money in the reserve
account must be returned to the dealer in direct proportion to the liabilities
outstanding.

Sec. 14. The provisions of sections 2 to 20, inclusive, of this act do not require
a supplier to repurchase from a dealer:

1. Any repair
part which is not in new and undamaged condition or, because of its condition,
is not resalable as a new part;

2. Any
inventory which the dealer retains pursuant to subsection 3 of section 12 of
this act;

3. Any
inventory which is not in new, undamaged and complete condition;

4. Any
inventory which was ordered by the dealer on or after the date of the termination
of the dealer agreement; or

5. Any
inventory which was purchased more than 36 months before the notice of the
termination of the dealer agreement is provided.

Sec. 15. If a supplier fails or refuses to repurchase and pay a dealer for any
inventory the supplier is required to repurchase in accordance with the
provisions of sections 2 to 20, inclusive, of this act within 60 days after
shipment of the inventory to the supplier, the supplier is liable for:

1. An amount
equal to 100 percent of the net price of the inventory;

2. Any
shipping charges paid by the dealer;

3. Attorneys
fees and court costs; and

4. An amount
equal to the interest on the amount of the net price calculated at the legal
rate of interest from the 61st day after the date of the shipment of the
inventory to the supplier.

Sec. 16.1. Upon the death of a dealer or the majority shareholder of a
corporation which operates as a dealer, the supplier shall, upon the approval
or request of the devisee or heir of the dealer or majority shareholder, repurchase the inventory of the dealer in the
manner prescribed in section 12 of this act.

shareholder,
repurchase the inventory of the dealer in the manner prescribed in section 12
of this act.

2. The devisee
or heir shall, within 1 year after the death of the dealer or majority
stockholder, notify the supplier whether the supplier will be required to
repurchase the inventory of the dealer.

3. A supplier
is not required to repurchase the inventory of the dealer if the devisee or
heir and the supplier enter into a new dealer agreement to operate the
dealership.

4. This
section does not authorize any person, including a devisee or heir, to operate
a dealership without the written approval of the supplier.

5. An
agreement executed by the supplier and dealer that sets forth the rights
relating to succession to the operation of the dealership is enforceable
without regard to the person who is designated as the successor to the
dealership.

6. As used in
this section:

(a) Devisee
has the meaning ascribed to it in NRS 132.100.

(b) Heir has
the meaning ascribed to it in NRS 132.165.

Sec. 17. The provisions of sections 2 to 20, inclusive, of this act do not affect
any security interest which a supplier has in the inventory of a dealer. The
dealer and supplier shall each provide a representative to inspect the
inventory and certify its acceptability when packaged for shipment. The failure
of the supplier to provide a representative for the inspection within 60 days
shall be deemed acceptance by the supplier of the inventory returned to the
supplier.

Sec. 18. 1. A dealer may bring a civil action for damages in a court of competent
jurisdiction against a supplier who violates any of the provisions of sections
2 to 20, inclusive, of this act and may recover damages incurred as a result of
any violation committed by the supplier, including costs and attorneys fees.

2. A dealer
may apply for injunctive relief for the unlawful termination, nonrenewal or
substantial change of the terms of a dealer agreement.

3. The
remedies provided in this section are in addition to any other remedies
provided by law.

Sec. 19. 1. Except as otherwise provided in this section, any agreement entered
into by a supplier and a dealer concerning reimbursement for work performed
under a warranty, including, without limitation, a dealer agreement, must
comply with the provisions set forth in this section.

2. A
supplier who authorizes a dealer to perform work under a warranty shall
reimburse a dealer who submits a warranty claim for such work. A dealer may
submit a warranty claim to a supplier:

(a) During the
period the dealer agreement is in effect; or

(b) After the
termination of a dealer agreement if the warranty claim concerns work performed
under a warranty during the period the dealer agreement was in effect.

3. A warranty
claim which is submitted to a supplier must be paid within 30 days after the
claim is approved by the supplier. The supplier shall approve or disapprove a
warranty claim or any part thereof within 30 days after it receives the
warranty claim. If the warranty claim is disapproved, the supplier shall, not
later than 30 days after it receives the warranty claim, send written notice to
the dealer setting forth the reasons for
disapproval of the warranty claim.

for disapproval of
the warranty claim. A warranty claim which is not disapproved by the supplier
within the prescribed period shall be deemed approved.

4. The amount
of a warranty claim must not be less than the amount equal to the sum of:

(a) The
reasonable and customary time required by the dealer to complete the work,
including diagnostic time, expressed in hours and fractions of hours,
multiplied by the dealers hourly retail rate for labor;

(b) The
dealers net price for any repair parts replaced, plus 20 percent of the net
price for those parts; and

(c) If a
warranty claim concerns repair work for any equipment which is performed by the
dealer in accordance with a safety or modification order issued by a supplier,
the costs incurred by the dealer to transport to the dealers place of business
for repair any equipment which is within the dealers service area and subject
to a safety or modification order.

5. After a
supplier has paid a warranty claim, the supplier shall not charge back, set off
or otherwise attempt to recover from a dealer any amount of the warranty claim
unless:

(a) The
warranty claim is fraudulent;

(b) The work
was not performed properly or was not necessary to comply with the requirements
of the warranty; or

(c) The dealer
did not provide the records for the warranty claim as required by the agreement
for work performed under the warranty.

6. A supplier
shall not require a dealer to pay the costs incurred by the supplier in paying
warranty claims by:

(a) Imposing a
surcharge;

(b) Reducing
any discounts provided to a dealer; or

(c) Imposing
additional requirements for the certification of a dealer authorized to perform
work under a warranty.

7. Except for
a warranty claim where fraud is alleged, a supplier may not audit the records
of a dealer relating to a warranty claim more than 1 year after the warranty
claim is submitted to the supplier. A supplier may not audit a warranty claim
more than once. The provisions of this subsection do not prohibit a supplier
from requesting additional information from a dealer if the initial audit of
the warranty claim indicates any errors, inconsistencies or fraud.

8. The
provisions of this section do not apply to a written dealer agreement which
provides compensation to a dealer for any labor required to be performed under
a warranty before the labor is performed if the compensation is based on:

(a) A reduction
of the price of the equipment sold to the dealer; or

(b) A lump-sum
payment of not less than 5 percent of the suggested retail price of the
equipment.

9. As used in
this section:

(a) Audit
means an examination by a supplier of the records of a warranty claim submitted
by a dealer.

(b) Net price
means the price a supplier charges a dealer for a repair part.

(c) Warranty
claim means a request submitted by a dealer to a supplier for payment for work
performed under a warranty or a safety or modification order issued by the
supplier.

Sec.
20. 1. A person may not
waive or modify a right, obligation or liability set forth in the provisions of
sections 2 to 20, inclusive, of this act.

2. A
condition, stipulation or provision of a dealer agreement or any other
agreement that:

(a) Limits the
procedural or substantive rights of a dealer pursuant to the provisions of
sections 2 to 20, inclusive, of this act;

(b) Requires
a person to waive a right set forth in the provisions of sections 2 to 20,
inclusive, of this act; or

(c) Relieves
a person of an obligation or liability imposed by the provisions of sections 2
to 20, inclusive, of this act,

is void.

Sec. 21. 1. This act applies to a dealer agreement
or any agreement for the payment of claims for reimbursement for work performed
by a dealer under a warranty provided by a supplier which is entered into
between a supplier and dealer before, on or after October 1, 2003.

2. As used in this section:

(a) Dealer has the meaning ascribed to it in section 3 of
this act.

(b) Dealer agreement has the meaning ascribed to it in
section 4 of this act.

(c) Supplier has the meaning ascribed to it in section 8
of this act.

463.320 1. All gaming license fees imposed by the
provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be
collected and disposed of as provided in this section.

2. All state gaming license fees and penalties must be
collected by the Commission and paid over immediately to the State Treasurer to
be disposed of as follows:

(a) [All]Except as otherwise provided in paragraphs (c) and (d), all state
gaming license fees and penalties other than the license fees imposed by the
provisions of NRS 463.380 must be deposited for credit to the State General
Fund.

(b) All state gaming license fees imposed by the
provisions of NRS 463.380 must, after deduction of costs of administration and
collection, be divided equally among the various counties and transmitted to
the respective county treasurers.

county treasurers. Such fees, except as otherwise provided in
this section, must be deposited by the county treasurer in the county general
fund and be expended for county purposes. If the board of county commissioners
desires to apportion and allocate all or a portion of such fees to one or more
cities or towns within the county, the board of county commissioners shall,
annually, before the preparation of the city or town budget or budgets as
required by chapter 354 of NRS, adopt a resolution so apportioning and
allocating a percentage of such fees anticipated to be received during the
coming fiscal year to such city or cities or town or towns for the next fiscal
year commencing July 1. After the adoption of the resolution , the percentage so
apportioned and allocated must be converted to a dollar figure and included in the city or town budget or
budgets as an estimated receipt for the next fiscal year. Quarterly , upon receipt of the money
from the State, the county treasurer shall deposit an amount of money equal to
the percentage so apportioned and allocated to the credit of the city or town
fund to be used for city or town purposes, and the balance remaining must be
deposited in the county general fund and must be expended for county purposes.

(c) One
twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on
gross revenue which exceeds $134,000 per calendar month that is paid pursuant
to subsection 2 of NRS 464.045 by persons licensed to conduct off-track
pari-mutuel wagering must, after the deduction of costs of administration and
collection, be allocated pro rata among the counties in this state whose
population is less than 100,000 in which on-track pari-mutuel wagering is
conducted. The allocation must be based upon the amounts paid from each such
county pursuant to subsection 2 of NRS 466.125 and transmitted to the
respective county treasurers. Money received by a county treasurer pursuant to
this paragraph must be deposited in the county general fund and expended to
augment any stakes, purses or rewards which are offered with respect to horse
races conducted in that county by a state fair association, agricultural
society or county fair and recreation board.

(d) Ten
percent of the amount of the license fee imposed by the provisions of NRS
463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons
licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per
calendar year must, after the deduction of costs of administration and
collection, be allocated pro rata among the counties in this state whose
population is less than 100,000 in which on-track pari-mutuel wagering is
conducted. The allocation must be based upon the amounts paid from each such
county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the
respective county treasurers as provided in this paragraph. On March 1 of each
year, the Board shall calculate the amount of money to be allocated to the
respective county treasurers and notify the State Treasurer of the appropriate
amount of each allocation. The State Treasurer shall transfer the money to the
respective county treasurers. Money received by a county treasurer pursuant to
this paragraph must be deposited in the county general fund and expended to
augment any stakes, purses or rewards which are offered with respect to horse
races conducted in that county by a state fair association, agricultural
society or county fair and recreation board.

464.020 1. The Nevada Gaming Commission is charged
with the administration of this chapter for the protection of the public and in
the public interest.

2. The Nevada Gaming Commission may issue licenses
permitting the conduct of the pari-mutuel system of wagering, including
off-track pari-mutuel wagering, and may adopt, amend and repeal regulations
relating to the conduct of such wagering.

3. The wagering must be conducted only by the licensee
at the times determined by the Nevada Gaming Commission and only:

(a) Within the enclosure wherein the race or other
sporting event which is the subject of the wagering occurs; or

(b) Within a licensed gaming establishment which has
been approved to conduct off-track pari-mutuel wagering.

This subsection does not prohibit a person licensed to
accept, pursuant to regulations adopted by the Nevada Gaming Commission,
off-track pari-mutuel wagers from accepting wagers made by wire communication
from patrons within the State of Nevada ,[or]
from other states in
which such wagering is legal [.] or from places outside the United States in which such
wagering is legal.

4. The regulations of the Nevada Gaming Commission may
include, without limitation:

(a) Requiring fingerprinting of an applicant or
licensee, or other method of identification.

(c) Prescribing the method and form of application
which any applicant for a license issued pursuant to this chapter must follow
and complete before consideration of his application by the Nevada Gaming
Commission.

(d) Prescribing
the permissible communications technology and requiring the implementation of
border control technology that will ensure that a person cannot place a wager
with a race book in this state from another state or another location where
placing such a wager is illegal.

5. The Nevada Gaming Commission may appoint an
Off-Track Pari-Mutuel Wagering Committee consisting of nine persons who are
licensed to engage in off-track pari-mutuel wagering. If the Commission
appoints such a Committee, it shall appoint to the Committee:

(a) Five members from a list of nominees provided by
the State Association of Gaming Establishments whose members collectively paid
the most gross revenue fees to the State pursuant to NRS 463.370 in the
preceding year;

(b) Two members who, in the preceding year, paid gross
revenue fees pursuant to NRS 463.370 in an amount that was less than the
average amount of gross revenue fees paid by licensees engaged in off-track
pari-mutuel wagering in the preceding year; and

(c) Two other members.

If a vacancy occurs in a position on the Committee for any
reason, including, but not limited to, termination of a member, the Commission
shall appoint a successor member who satisfies the same criteria in paragraph
(a), (b) or (c) that applied to the member whose position has been vacated.

(a) Grant to the Off-Track Pari-Mutuel Wagering
Committee the exclusive right to negotiate an agreement relating to off-track
pari-mutuel wagering with:

(1) A person who is licensed or otherwise
permitted to operate a wagering pool in another state; and

(2) A person who is licensed pursuant to chapter
464 of NRS as an operator of a system.

(b) Require the Off-Track Pari-Mutuel Wagering
Committee to grant to each person licensed pursuant to this chapter to operate
an off-track pari-mutuel race pool the right to receive, on a fair and
equitable basis, all services concerning wagering in such a race pool that the
Committee has negotiated to bring into or provide within this state.

7. The Nevada Gaming Commission shall, and it is granted
the power to, demand access to and inspect all books and records of any person
licensed pursuant to this chapter pertaining to and affecting the subject of
the license.

Sec. 3. NRS 464.075 is hereby amended to read as
follows:

464.075 1. [A]Except as otherwise provided in
subsection 4, a person who is licensed to engage in off-track
pari-mutuel wagering shall not:

(a) Accept from a patron less than the full face value
of an off-track pari-mutuel wager;

(b) Agree to refund or rebate to a patron any portion
or percentage of the full face value of an off-track pari-mutuel wager; or

2. A person who is licensed to engage in off-track
pari-mutuel wagering and who:

(a) Attempts to evade the provisions of subsection 1 by
offering to a patron a wager that is not posted and offered to all patrons; or

(b) Otherwise violates the provisions of subsection 1,

is subject to the investigatory and disciplinary proceedings
that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished
as provided in those sections.

3. The Nevada Gaming Commission shall adopt
regulations to carry out the provisions of subsections 1 and 2 of this section.

4. The Nevada
Gaming Commission may, by regulation, exempt certain bets, refunds, rebates,
payoffs or bonuses from the provisions of subsection 1 if the Commission
determines that such exemptions are in the best interests of the State of
Nevada and licensed gaming in this state. Any bets, refunds, rebates, payoffs
or bonuses that would result in the amount of such bets, refunds, rebates,
payoffs or bonuses being directly or indirectly deductible from gross revenue
may not be exempt.

Sec. 4. This act becomes effective on July 1, 2003.

________

κ2003
Statutes of Nevada, Page 3410κ

CHAPTER 505, SB 76

Senate Bill No. 76Committee on Natural Resources

CHAPTER 505

AN ACT relating to
water; revising the restrictions on the issuance of permits to appropriate
water for the purpose of watering livestock and certificates of appropriation
based upon such permits; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 533.040 is hereby amended to
read as follows:

533.040 1. Except as otherwise provided in this
section, any water used in this state for beneficial purposes shall be deemed
to remain appurtenant to the place of use.

2. If at any time it is impracticable to use water
beneficially or economically at the place to which it is appurtenant, the right
may be severed from the place of use and be simultaneously transferred and
become appurtenant to another place of use, in the manner provided in this chapter,
without losing priority of right.

3. The provisions of this section do not apply to a
ditch or canal company that appropriates water for diversion and transmission
to the lands of private persons for an annual charge.

4. For the purposes of this section, a surface water
right acquired by a water user in a federal reclamation project may be
considered appurtenant to an entire farm, instead of specifically identifiable
land within that farm, upon the granting of a permit for the change of place of
use by the State Engineer which designates the place of use as the entire farm.
The quantity of water available for use on that farm must not exceed the total
amount determined by applicable decrees as designated in the permit granted by
the State Engineer.

5. For
the purposes of this section, a water right acquired for watering livestock by
a person who owns, leases or otherwise possesses a legal or proprietary
interest in the livestock being watered is appurtenant to:

(a) The
land on which the livestock is watered if the land is owned by the person who
possesses a legal or proprietary interest in the livestock; or

(b) Other
land which is located in this state, is benefited by the livestock being
watered and is capable of being used in conjunction with the livestock
operation of the person who owns the land if that land is owned by the person
who possesses the legal or proprietary interest in the livestock being watered.

6. The
provisions of subsection 5 must not be construed:

(a) To
impair a vested right or other existing water right established before the
effective date of this act of a person to the use of water for the purpose of
watering livestock; or

(b) To
prevent any transfer of ownership of a water right for the purpose of watering
livestock.

7. As
used in this section, farm means a tract of land under the same ownership
that is primarily used for agricultural purposes.

Sec. 2. NRS 533.503 is hereby amended to read as
follows:

533.503 1. The State Engineer shall not issue[:

(a) A]a permit to
appropriate water for the purpose of watering livestock [on public lands unless
the]unless:

(a) The applicant
for the permit is legally entitled to place the livestock on the [public]
lands for which the permit is sought[.

(b) A], and:

(1)
Owns, leases or otherwise possesses a legal or proprietary interest in the
livestock on or to be placed on the lands for which the permit is sought; or

(2)
Has received from a person described in subparagraph (1), authorization to have
physical custody of the livestock on or to be placed on the lands for which the
permit is sought, and authorization to care for, control and maintain such
livestock;

(b) The
forage serving the beneficial use of the water to be appropriated is not
encumbered by an adjudicated grazing preference recognized pursuant to law for
the benefit of a person other than the applicant for the permit; and

(c) The
lack of encumbrance required by paragraph (b) is demonstrated by reasonable
means, including, without limitation, evidence of a valid grazing permit, other
than a temporary grazing permit, that is issued by the appropriate governmental
entity to the applicant for the permit.

2. The
State Engineer shall not issue a certificate of appropriation
based upon a permit to appropriate water for the purpose of watering livestock [on
public lands unless the person who]unless:

(a) The
holder of the permit makes satisfactory proof that the water has
been beneficially used ,
is legally entitled to place on the [land]lands the livestock
which have been watered pursuant to the permit[.

2.] , and:

(1)
Owns, leases or otherwise possesses a legal or proprietary interest in the
livestock which have been watered pursuant to the permit; or

(2)
Has received from a person described in subparagraph (1), authorization to have
physical custody of the livestock which have been watered pursuant to the
permit, and authorization to care for, control and maintain such livestock;

(b) The
forage serving the beneficial use of the water that has been beneficially used
is not encumbered by an adjudicated grazing preference recognized pursuant to
law for the benefit of a person other than the holder of the permit; and

(c) The
lack of encumbrance required by paragraph (b) is demonstrated by reasonable
means, including, without limitation, evidence of a valid grazing permit, other
than a temporary grazing permit, that is issued by the appropriate governmental
entity to the holder of the permit.

3.
This section must not be construed to impair the vested right of any person to
the use of water for the purpose of watering livestock or to prevent any
transfer of ownership of a water right for the purpose of watering livestock.

4. As
used in this section, grazing preference means a priority position in the
issuance of a permit to graze livestock on the public range.

Sec. 3. The amendatory provisions of this act do not
apply to a permit to appropriate water for the purposes of watering livestock
or a certificate of appropriation based upon such a permit if the permit was
issued by the State Engineer before the effective date of this act, regardless
of whether such a permit or certificate is transferred after that date.

Sec. 4. This act becomes effective upon passage and
approval.

________

CHAPTER 506, SB 184

Senate Bill No. 184Senator Mathews

CHAPTER 506

AN ACT relating to
public employees; expanding the definition of accident benefits for purposes
of industrial insurance to include preventative treatment for hepatitis
administered as a precaution to certain local police officers; creating a
statutory presumption that hepatitis is an occupational disease for certain
local police officers; and providing other matters properly relating thereto.

(b) Preventive treatment administered as a precaution
to an employee who is exposed to a contagious disease while providing medical
services, including emergency medical care, in the course and scope of his
employment;

(c) Preventive treatment administered as a precaution
to a police officer or a salaried or volunteer fireman who:

(1) Was exposed to a contagious disease:

(I) Upon battery by an offender; or

(II) While performing the duties of a
police officer or fireman,

if the exposure is documented by the creation and maintenance
of a report concerning the exposure pursuant to paragraph (a) of subsection 1
of NRS 616C.052; or

(2) Tests positive for exposure to tuberculosis
under the circumstances described in NRS 616C.052; and

(d) Preventive treatment for hepatitis administered as
a precaution to a police officer, full-time
salaried fireman or [an] emergency medical attendant employed
in this state. As used in this
paragraph, police officer means a sheriff, deputy sheriff, officer of a
metropolitan police department or city policeman.

(c) Hepatitis includes hepatitis A, hepatitis B,
hepatitis C and any additional diseases or conditions that are associated with
or result from hepatitis A, hepatitis B or hepatitis C.

(d) Preventive treatment includes, without
limitation:

(1) Tests to determine if an employee has
contracted hepatitis or any other contagious disease to which he was exposed;
and

(2) If an employee tests positive for exposure
to tuberculosis under the circumstances described in NRS 616C.052, such
medication and chest X rays as are recommended by the Centers for Disease
Control and Prevention of the United
States Department of Health and Human Services.

Sec. 2. NRS 617.485 is hereby amended to
read as follows:

617.485 1. Notwithstanding any other provision of
this chapter and except as otherwise provided in this section, if an employee
has hepatitis, the disease is conclusively presumed to have arisen out of and
in the course of his employment if the employee has been continuously employed
for 5 years or more as a police
officer, full-time salaried fireman or emergency medical
attendant in this state before the date of any temporary or permanent
disability or death resulting from the hepatitis.

2. Compensation awarded to a police officer, fireman or [an]
emergency medical attendant, or to the dependents of such a person, for
hepatitis pursuant to this section must include:

(a) Full reimbursement for related expenses incurred
for medical treatments, surgery and hospitalization; and

(b) The compensation provided in chapters 616A to 616D,
inclusive, of NRS for the disability or death.

(a) Submit
to a blood test to screen for hepatitis C upon employment, upon the commencement of
coverage and thereafter on an annual basis during his employment.

(b) Submit
to a blood test to screen for hepatitis A and hepatitis B upon employment, upon
the commencement of coverage and thereafter on an annual basis during his
employment, except that a police officer, salaried fireman or emergency medical
attendant is not required to submit to a blood test to screen for hepatitis A
and hepatitis B on an annual basis during his employment if he has been
vaccinated for hepatitis A and hepatitis B upon employment or at other
medically appropriate times during his employment. Each employer shall provide
a police officer, salaried fireman or
emergency medical attendant with the opportunity to be vaccinated for hepatitis
A and hepatitis B upon employment and at other medically appropriate times
during his employment.

salaried fireman
or emergency medical attendant with the opportunity to be vaccinated for
hepatitis A and hepatitis B upon employment and at other medically appropriate
times during his employment.

4. All
blood tests required pursuant to this section and all vaccinations provided pursuant to this section must
be paid for by the employer.

[4.] 5. The provisions of this section:

(a) Except as otherwise provided in paragraph (b), do
not apply to a police officer, fireman
or emergency medical attendant who is diagnosed with hepatitis upon employment.

(b) Apply to a police officer, fireman or emergency medical
attendant who is diagnosed with hepatitis upon employment if, during the
employment or within 1 year after the last day of the employment, he is
diagnosed with a different strain of hepatitis.

(c) Apply to a police officer, fireman or emergency medical
attendant who is diagnosed with hepatitis after the termination of the
employment if the diagnosis is made within 1 year after the last day of the
employment.

[5.] 6. A police officer, fireman or [an]
emergency medical attendant who is determined to be:

(a) Partially disabled from an occupational disease
pursuant to the provisions of this section; and

(b) Incapable of performing, with or without
remuneration, work as a police
officer, fireman or [an]
emergency medical attendant,

may elect to receive the benefits provided pursuant to NRS
616C.440 for a permanent total disability.

Sec. 3. 1. Notwithstanding any provision of NRS
617.485, a person who submits to a blood test to screen for hepatitis on or
after October 1, 2003, but on or before September 30, 2004, and who, on October
1, 2003:

(a) Is employed as a police officer in this state; or

(b) Had at any time been continuously employed for 5 years
or more as a police officer in this state,

shall be deemed to be in compliance with all blood testing that
would otherwise be required by subsection 3 of NRS 617.485 through the date of
the blood test.

2. Notwithstanding the provisions of NRS 617.485, a person
who, on October 1, 2003, is employed as a police officer in this state shall
submit to a blood test to screen for hepatitis on or before September 30, 2004.
The blood test must be paid for by the employer of the person. If a person
fails to submit to a blood test required by this subsection, the conclusive
presumption relating to hepatitis otherwise created by NRS 617.485 shall be
deemed with regard to that person and for the purposes of NRS 617.485 to be a
rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the
period in which the person was employed as a police officer.

evidence that the hepatitis was not contracted during the period
in which the person was employed as a police officer.

3. If:

(a) A blood test taken pursuant to this section indicates
that a person has hepatitis; and

(b) Before taking the blood test, the person had at any time
been continuously employed for 5 years or more as a police officer in this
state,

the person is entitled to a rebuttable presumption that the
hepatitis arose out of and in the course of his employment and is compensable
in accordance with NRS 617.485 if he, before January 1, 2005, files a claim for
compensation pursuant to chapter 617 of NRS. The presumption may only be
rebutted by clear and convincing evidence that the hepatitis was not contracted
during the period in which the person was employed as a police officer in this
state.

4. As used in this section:

(a) Hepatitis includes hepatitis A, hepatitis B, hepatitis
C and any additional diseases or conditions that are associated with or result
from hepatitis A, hepatitis B or hepatitis C.

Sec. 4. The amendatory provisions of this act do not
apply to any person who, on October 1, 2003, is receiving compensation for
hepatitis pursuant to chapters 616A to 616D, inclusive, of NRS. As used in this
section, hepatitis includes hepatitis A, hepatitis B, hepatitis C and any
additional diseases or conditions that are associated with or result from
hepatitis A, hepatitis B or hepatitis C.

________

CHAPTER 507, SB 243

Senate Bill No. 243Committee on Finance

CHAPTER 507

AN ACT making
appropriations from the State General Fund to the Fund to Stabilize the
Operation of State Government; and providing other matters properly relating
thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the
State General Fund to the Fund to Stabilize the Operation of State Government
created by NRS 353.288 the sum of $30,000,000.

2. Notwithstanding the provisions of NRS 353.235:

(a) Upon receipt of the projections and estimates of the
Economic Forum required by paragraph (d) of subsection 1 of NRS 353.228 to be
reported on or before December 1, 2004, the Interim Finance Committee shall
project the ending balance of the State General Fund for Fiscal Year 2004-2005,
using all relevant information known to it.

(b) Except as otherwise provided in paragraph (c), there is
hereby contingently appropriated from the State General Fund to the Fund to
Stabilize the Operation of State Government created by NRS 353.288 the amount,
if any, by which the projection required by paragraph (a) exceeds the amount of
the ending balance of the State General Fund for Fiscal Year 2004-2005 as
estimated by the 2003 Legislature.

(c) The amount of any appropriation pursuant to paragraph
(b) must not exceed $20,000,000.

Sec. 2. This act becomes effective on July 1, 2004.

________

CHAPTER 508, SB 250

Senate Bill No. 250Senators Townsend and OConnell

CHAPTER 508

AN ACT relating to
regulated businesses and professions; enacting certain provisions that are
applicable to all regulatory bodies that regulate occupations or professions in
title 54 of NRS; providing that certain records of a regulatory body are public
records; revising provisions relating to certain consent and settlement
agreements; enacting provisions relating to attorneys fees and costs;
establishing and revising various powers and duties of the Board of Medical
Examiners and the State Board of Osteopathic Medicine; making various changes
regarding the licensure of certain physicians; making various changes regarding
the practice of chiropractic; revising the provisions governing the filing and
approval of rates of certain insurers; making various changes relating to
policies of malpractice insurance; requiring the Commissioner of Insurance to
perform certain duties relating to policies of malpractice insurance; providing
penalties; and providing other matters properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 622 of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 11, inclusive, of this
act.

Sec. 2.As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3, 4 and 5 of this act have
the meanings ascribed to them in those sections.

Sec. 3.License means any license, certificate, registration,
permit or similar type of authorization issued by a regulatory body.

Sec. 4.Licensee means a person who holds any license, certificate,
registration, permit or similar type of authorization issued by a regulatory
body.

Sec. 5.Regulatory body means:

1. Any agency,
board or commission which has the authority to regulate an occupation or
profession pursuant to this title; and

2. Any officer
of an agency, board or commission which has the authority to regulate an
occupation or profession pursuant to this title.

Sec. 6.In regulating an occupation or profession pursuant to this
title, each regulatory body shall carry out and enforce the provisions of this
title for the protection and benefit of the public.

Sec. 7.If any provision of this title requires a regulatory body to
disclose information to the public in any proceeding or as part of any record,
such a provision does not apply to any personal medical information or records
of a patient that are confidential or otherwise protected from disclosure by
any other provision of federal or state law.

Sec. 8. 1.
The provisions of NRS 241.020 do not apply to proceedings relating to an
investigation conducted to determine whether to proceed with disciplinary
action against a licensee, unless the licensee requests that the proceedings be
conducted pursuant to those provisions.

2. If the
regulatory body decides to proceed with disciplinary action against the
licensee, all proceedings that are conducted after that decision and are
related to that disciplinary action are subject to the provisions of NRS 241.020.

Sec. 9. 1.
Except as otherwise provided in this section, a regulatory body may not enter
into a consent or settlement agreement with a person who has allegedly
committed a violation of any provision of this title which the regulatory body
has the authority to enforce, any regulation adopted pursuant thereto or any
order of the regulatory body, unless the regulatory body discusses and approves
the terms of the agreement in a public meeting.

2. A regulatory body that consists of one natural
person may enter into a consent or settlement agreement without complying with
the provisions of subsection 1 if:

(a) The regulatory body posts notice in accordance
with the requirements for notice for a meeting held pursuant to chapter 241 of
NRS and the notice states that:

(1) The regulatory body intends to resolve the
alleged violation by entering into a consent or settlement agreement with the
person who allegedly committed the violation; and

(2) For the limited time set forth in the
notice, any person may request that the regulatory body conduct a public
meeting to discuss the terms of the consent or settlement agreement by
submitting a written request for such a meeting to the regulatory body within
the time prescribed in the notice; and

(b) At the
expiration of the time prescribed in the notice, the regulatory body has not
received any requests for a public meeting regarding the consent or settlement
agreement.

3. If a
regulatory body enters into a consent or settlement agreement that is subject
to the provisions of this section, the agreement is a public record.

4. The
provisions of this section do not apply to a consent or settlement agreement
between a regulatory body and a licensee that provides for the licensee to
enter a diversionary program for the treatment of alcohol, chemical or
substance abuse or dependency.

Sec. 10. 1. A regulatory body may recover from a person reasonable attorneys
fees and costs that are incurred by the regulatory body as part of its
investigative, administrative and disciplinary proceedings against the person
if the regulatory body:

(a) Enters a
final order in which it finds that the person has violated any provision of
this title which the regulatory body has the authority to enforce, any
regulation adopted pursuant thereto or any order of the regulatory body; or

(b) Enters into
a consent or settlement agreement in which the regulatory body finds or the
person admits or does not contest that the person has violated any provision of
this title which the regulatory body has the authority to enforce, any
regulation adopted pursuant thereto or any order of the regulatory body.

2. As used in
this section, costs means:

(a) Costs of an
investigation.

(b) Costs for
photocopies, facsimiles, long distance telephone calls and postage and
delivery.

(c) Fees for
court reporters at any depositions or hearings.

(d) Fees for
expert witnesses and other witnesses at any depositions or hearings.

Sec. 11.A court shall award to a regulatory body reasonable
attorneys fees and reasonable costs specified in NRS 18.005 that are incurred
by the regulatory body to bring or defend in any action if:

1. The action
relates to the imposition or recovery of an administrative or civil remedy or
penalty, the enforcement of any subpoena issued by the regulatory body or the
enforcement of any provision of this title which the regulatory body has the
authority to enforce, any regulation adopted pursuant thereto or any order of
the regulatory body; and

2. The court
determines that the regulatory body is the prevailing party in the action.

Sec. 12.NRS 622.100 is hereby amended
to read as follows:

622.100 1. Each [occupational licensing
board]regulatory
body shall, on or before the 20th day of January, April, July and
October, submit to the Director of the Legislative Counsel Bureau a summary of
each disciplinary action taken by
the regulatory body during the immediately preceding calendar
quarter against [the holder of a license, certificate, registration or permit
issued by the occupational licensing board.] any licensee of the regulatory body.

2. The Director of the Legislative Counsel Bureau
shall:

(a) Provide any information he receives pursuant to
subsection 1 to a member of the public upon request;

(b) Cause a notice of the availability of such
information to be posted on the public website of the Nevada Legislature on the
Internet; and

(c) Transmit a compilation of the information he
receives pursuant to subsection 1 to the Legislative Commission quarterly,
unless otherwise directed by the Commission.

Sec. 13.NRS 622.110 is hereby amended
to read as follows:

622.110 1. Each [occupational licensing
board]regulatory
body shall, on or before November 1 of each even-numbered year,
submit a report of its activities to the Director of the Legislative Counsel
Bureau.

(a) The number of licenses [, certificates,
registrations and permits, respectively,] issued by the [occupational
licensing board]regulatory body during the immediately
preceding 2 fiscal years;

(b) A summary of the budget of the [occupational licensing
board]regulatory
body during the immediately preceding 2 fiscal years that is
related to the duties of the [occupational licensing board]regulatory body pursuant
to this title, including, without limitation, a description of all income and
expenditures related to such duties;

(c) A summary of each disciplinary action taken by the regulatory body during
the immediately preceding 2 fiscal years against [the holder of a license,
certificate, registration or permit issued by the occupational licensing board;]any licensee of the regulatory
body; and

(d) Any other information that is requested by the
Director of the Legislative Counsel Bureau or which the [occupational licensing
board]regulatory
body determines would be helpful to the Legislature in evaluating
whether the continued existence of the [occupational licensing
board]regulatory
body is necessary.

3. The Director of the Legislative Counsel Bureau
shall compile all the reports he receives and distribute copies of the
compilation to the Senate Standing Committee on Commerce and Labor and the
Assembly Standing Committee on Commerce and Labor, which each shall review the
compilation to determine whether the continued existence of each [occupational
licensing board]regulatory body is necessary.

Sec. 14. NRS 623.131 is hereby amended to
read as follows:

623.131 1. Except as otherwise provided in
subsections 2, 3 and 4, the records of the Board which relate to:

(a) An employee of the Board;

(b) An examination given by the Board; or

(c) Complaints and charges filed with the Board and the
material compiled as a result of its investigation of those complaints and
charges,

are confidential.

2. The records described in subsection 1 may be
disclosed, pursuant to procedures established by regulation of the Board, to a
court or an agency of the Federal Government, any state, any political
subdivision of this state , or
any other related professional board or organization.

3. [Upon completion of an investigation by the Board, any records
of the Board described in paragraph (c) of subsection 1 are public records only
if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board requesting that the records be made]The complaint or other document filed by
the Board to initiate disciplinary action and all other documents and
information considered by the Board when determining whether to impose
discipline are public records.

4. The Board may report to other related professional
boards and organizations an applicants score on an examination given by the
Board.

Sec. 15. NRS 623.270 is hereby amended to
read as follows:

623.270 1. The Board may place the holder of any
certificate of registration issued pursuant to the provisions of this chapter
on probation, publicly reprimand
him, fine him not more than $10,000, suspend or revoke his
license, impose the costs of investigation and prosecution upon him or take any
combination of these disciplinary actions, if proof satisfactory to the Board
is presented that:

his license, impose the costs of investigation and
prosecution upon him or take any combination of these disciplinary actions, if
proof satisfactory to the Board is presented that:

(a) The certificate was obtained by fraud or
concealment of a material fact.

(b) The holder of the certificate has been found guilty
by the Board or by a court of justice of any fraud, deceit or concealment of a
material fact in his professional practice, or has been convicted by a court of
justice of a crime involving moral turpitude.

(c) The holder of the certificate has been found guilty
by the Board of incompetency, negligence or gross negligence in:

(1) The practice of architecture or residential
design; or

(2) His practice as a registered interior
designer.

(d) The holder of a certificate has affixed his
signature or seal to plans, drawings, specifications or other instruments of
service which have not been prepared by him or in his office, or under his
responsible control, or has permitted the use of his name to assist any person
who is not a registered architect, registered interior designer or residential
designer to evade any provision of this chapter.

(e) The holder of a certificate has aided or abetted
any unauthorized person to practice:

(1) Architecture or residential design; or

(2) As a registered interior designer.

(f) The holder of the certificate has violated any law,
regulation or code of ethics pertaining to:

(1) The practice of architecture or residential
design; or

(2) Practice as a registered interior designer.

(g) The holder of a certificate has failed to comply
with an order issued by the Board or has failed to cooperate with an investigation
conducted by the Board.

2. [If discipline is imposed pursuant to the provisions of this
section, the costs of the proceeding, including investigative costs and
attorneys fees, may be recovered by the Board.

3.]
The conditions for probation imposed pursuant to the provisions of subsection
1 may include, but are not limited to:

(a) Restriction on the scope of professional practice.

(b) Peer review.

(c) Required education or counseling.

(d) Payment of restitution to each person who suffered harm
or loss.

[(e) Payment of all costs of the administrative investigation
and prosecution.

4.] 3.An order that imposes discipline and the findings of fact
and conclusions of law supporting that order are public records.

4. The
Board shall not privately reprimand the holder of any certificate of
registration issued pursuant to this chapter.

5. As
used in this section:

(a) Gross negligence means conduct which demonstrates
a reckless disregard of the consequences affecting the life or property of another
person.

(b) Incompetency means conduct which, in:

(1) The practice of architecture or residential
design; or

(2) Practice as a registered interior designer,demonstrates a significant lack of ability, knowledge or
fitness to discharge a professional obligation.

demonstrates a significant lack of ability, knowledge or
fitness to discharge a professional obligation.

(c) Negligence means a deviation from the normal
standard of professional care exercised generally by other members in:

(1) The profession of architecture or
residential design; or

(2) Practice as a registered interior designer.

Sec. 16. Chapter 623A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Executive
Director, all documents and other information filed with the complaint and all
documents and other information compiled as a result of an investigation
conducted to determine whether to initiate disciplinary action are
confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 17. NRS 623A.270 is hereby amended to
read as follows:

623A.270 1. The Board may:

(a) Suspend or revoke a certificate of registration or
certificate to practice as a landscape architect intern;

(b) Refuse to renew a certificate of registration or
certificate to practice as a landscape architect intern;

(c) Place a holder of a certificate of registration or
certificate to practice as a landscape architect intern on probation;

(d) Issue a public reprimand to a holder of a certificate of
registration or certificate to practice as a landscape architect intern;

(e) Impose upon a holder of a certificate of
registration or certificate to practice as a landscape architect intern a fine
of not more than $5,000 for each violation of this chapter;

(f) Require a holder of a certificate of registration
or certificate to practice as a landscape architect intern to pay restitution; or

(g) [Require a holder of a certificate of registration or
certificate to practice as a landscape architect intern to pay the costs of an
investigation or prosecution; or

(h)]
Take such other disciplinary action as the Board deems appropriate,

if the holder of a certificate of registration or certificate
to practice as a landscape architect intern has committed any act set forth in
NRS 623A.280.

2. The conditions for probation imposed pursuant to
the provisions of subsection 1 may include, without limitation:

(a) Restriction on the scope of professional practice;

(b) Peer review;

(c) Education or counseling;

(d) The payment of restitution to each person who
suffered harm or loss; and

(e) The payment of all costs of the administrative
investigation and prosecution.

3. [If the Board imposes discipline pursuant to the provisions of
this section, the Board may recover the costs of the proceeding, including any
investigative costs and attorneys fees.

4.]An order that imposes discipline
and the findings of fact and conclusions of law supporting that order are
public records.

4. The
Board shall not issue a private reprimand to a holder of a certificate of
registration or certificate to practice as a landscape architect intern.

5. The
Board may adopt regulations setting forth a schedule of fines for the purposes
of paragraph (e) of subsection 1.

Sec. 18. Chapter 624 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of the investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 19. NRS 624.110 is hereby amended to
read as follows:

624.110 1. The Board may maintain offices in as many
localities in the State as it finds necessary to carry out the provisions of
this chapter, but it shall maintain one office in which there must be at all
times open to public inspection a complete record of applications, licenses
issued, licenses renewed and all revocations, cancellations and suspensions of
licenses.

2.
[Credit]Except as otherwise required in section 18 of this act,
credit reports, references, [investigative memoranda,]
financial information and data pertaining to a licensees net worth are
confidential and not open to public inspection.

Sec. 20. NRS 624.291 is hereby amended to
read as follows:

624.291 1. Except as otherwise provided in subsection
4, if the Board suspends or revokes a license, has probable cause to believe
that a person has violated NRS 624.720 or imposes an administrative fine
pursuant to NRS 624.710, the Board shall hold a hearing. The time and place for
the hearing must be fixed by the Board, and notice of the time and place of the
hearing must be personally served on the applicant or accused or mailed to the
last known address of the applicant or accused at least 21 days before the date
fixed for the hearing.

2. The testimony taken pursuant to NRS 624.170 to
624.210, inclusive, must be considered a part of the record of the hearing
before the Board.

3. [The]Except as otherwise provided in section 8 of this act, the hearing
must be public if a request is made therefor.

4. The Board may suspend the license of a contractor
without a hearing if the Board finds, based upon evidence in its possession,
that the public health, safety or welfare imperatively requires summary
suspension of the license of the contractor and incorporates that finding in
its order. If the Board summarily suspends the license of the contractor, the
Board must notify the contractor by certified mail. A hearing must be held
within 60 days after the suspension if the contractor submits a written request
for a hearing to the Board within 20 days after the Board summarily suspends
his license.

(e) Order a licensee to repay to the account
established pursuant to NRS 624.470, any amount paid out of the account
pursuant to NRS 624.510 as a result of an act or omission of that licensee;

(f) Order the licensee to take action to correct a
condition resulting from an act which constitutes a cause for disciplinary
action, at the licensees cost, that may consist of requiring the licensee to:

(1) Perform the corrective work himself;

(2) Hire and pay another licensee to perform the
corrective work; or

(3) Pay to the owner of the construction project
a specified sum to correct the condition; or

(g) [Reprimand]Issue a public reprimand or take other less
severe disciplinary action, including, without limitation, increasing the
amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for
disciplinary action.

2. If the Board suspends or revokes the license of a
contractor for failure to establish financial responsibility, the Board may, in
addition to any other conditions for reinstating or renewing the license,
require that each contract undertaken by the licensee for a period to be
designated by the Board, not to exceed 12 months, be separately covered by a
bond or bonds approved by the Board and conditioned upon the performance of and
the payment of labor and materials required by the contract.

3. If a licensee violates the provisions of NRS
624.3014 or subsection 3 of NRS 624.3015, the Board may impose an
administrative fine of not more than $20,000.

4. If a licensee commits a fraudulent act which is a
cause for disciplinary action under NRS 624.3016, the correction of any
condition resulting from the act does not preclude the Board from taking
disciplinary action.

5. If the Board finds that a licensee has engaged in
repeated acts that would be cause for disciplinary action, the correction of any
resulting conditions does not preclude the Board from taking disciplinary
action pursuant to this section.

6. The expiration of a license by operation of law or
by order or decision of the Board or a court, or the voluntary surrender of a
license by a licensee, does not deprive the Board of jurisdiction to proceed
with any investigation of, or action or disciplinary proceeding against, the
licensee or to render a decision suspending or revoking the license.

7. [If discipline is imposed pursuant to this section, including
any discipline imposed pursuant to a stipulated settlement, the costs of the
proceeding, including investigative costs and attorneys fees, may be recovered
by the Board.]
The Board shall not issue a private reprimand to a licensee.

8. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

9.
All fines collected pursuant to this section must be deposited with the State
Treasurer for credit to the Construction Education Account created pursuant to
NRS 624.580.

Sec. 22. NRS 625.425 is hereby amended to
read as follows:

625.425 1. Any information obtained during the course
of an investigation by the Board and any record of an investigation is
confidential .

[until the investigation is completed.]
If no disciplinary action is taken against a licensee, an applicant for licensure,
an intern or an applicant for certification as an intern, or no civil penalty
is imposed pursuant to NRS 625.590, the information in his investigative file
remains confidential. [If a formal complaint is
filed, all pleadings and evidence introduced at the hearing]The complaint or other document
filed by the Board to initiate disciplinary action and all documents and
information considered by the Board when determining whether to impose
discipline are public records.

2.
The provisions of this section do not prohibit the Board or its employees from
communicating and cooperating with another licensing board or any other agency
that is investigating a person.

Sec. 23. NRS 625.460 is hereby amended to
read as follows:

625.460 1.
If, after a hearing, a majority of the members of the Board
present at the hearing vote in favor of finding the accused person guilty, the
Board may:

[1.](a) Revoke the license of the professional
engineer or professional land surveyor or deny a license to the applicant;

[2.](b) Suspend the license of the professional
engineer or professional land surveyor;

[3.](c) Fine the licensee or applicant for
licensure not more than $15,000 for each violation of a provision of this
chapter or any regulation adopted by the Board;

[4.](d) Place the licensee or applicant for
licensure on probation for such periods as it deems necessary and, if the Board
deems appropriate, require the licensee or applicant for licensure to pay
restitution to clients or other persons who have suffered economic losses as a
result of a violation of the provisions of this chapter or the regulations
adopted by the Board; or

[5.](e) Take such other disciplinary action as the
Board deems appropriate.

2. The Board
shall not issue a private reprimand.

3. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 24. Chapter 625A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 25. NRS 625A.180 is hereby amended to
read as follows:

625A.180 1. If the Board finds after a hearing, or
after providing an opportunity for a hearing, that disciplinary action is
necessary, it may by order:

(a)
Place the environmental health specialist on probation for a specified period
or until further order of the Board;

2. If the order places an environmental health
specialist on probation, the Board may impose such limitations or conditions
upon his professional activities as it finds consistent to protect the public
health.

3. The Board
shall not administer a private reprimand.

4. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 26. Chapter 628 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to determine
whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 27. NRS 628.390 is hereby amended to
read as follows:

628.390 1. After giving notice and conducting a
hearing, the Board may revoke, or may suspend for a period of not more than 5
years, any certificate issued under NRS 628.190 to 628.310, inclusive, any
registration or license granted to a registered public accountant under NRS
628.350, or any registration of a partnership, corporation, limited-liability
company or office, or may revoke, suspend or refuse to renew any permit issued
under NRS 628.380, or may publicly
censure the holder of any permit, for any one or any combination
of the following causes:

(a) Fraud or deceit in obtaining a certificate as a
certified public accountant, or in obtaining registration or a license as a
public accountant under this chapter, or in obtaining a permit to practice
public accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by a
certified or registered public accountant in the practice of public accounting
or, if not in the practice of public accounting, of a kind which adversely
affects the ability to perform public accounting.

(c) Violation of any of the provisions of this chapter.

(d) Violation of a regulation or rule of professional
conduct adopted by the Board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any state
or of the United States.

(f) Conviction of any crime, an element of which is
dishonesty or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal to
renew authority to practice as a certified public accountant or a registered
public accountant by any other state, for any cause other than failure to pay
an annual registration fee or to comply with requirements for continuing
education or review of his practice in the other state.

(h) Suspension or revocation of the right to practice
before any state or federal agency.

(i) Unless the person has been placed on inactive or
retired status, failure to obtain an annual permit under NRS 628.380, within:

(1) Sixty days after the expiration date of the
permit to practice last obtained or renewed by the holder of a certificate or
registrant; or

(2) Sixty days after the date upon which the
holder of a certificate or registrant was granted his certificate or
registration, if no permit was ever issued to him, unless the failure has been
excused by the Board.

(j) Conduct discreditable to the profession of public
accounting or which reflects adversely upon the fitness of the person to engage
in the practice of public accounting.

(k) Making a false or misleading statement in support
of an application for a certificate, registration or permit of another person.

2. After giving notice and conducting a hearing, the
Board may deny an application to take the examination prescribed by the Board
pursuant to NRS 628.190, deny a person admission to such an examination,
invalidate a grade received for such an examination or deny an application for
a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person
who has:

(a) Made any false or fraudulent statement, or any
misleading statement or omission relating to a material fact in an application:

(1) To take the examination prescribed by the
Board pursuant to NRS 628.190; or

(2) For a certificate issued pursuant to NRS
628.190 to 628.310, inclusive;

(b) Cheated on an examination prescribed by the Board
pursuant to NRS 628.190 or any such examination taken in another state or
jurisdiction of the United States;

(c) Aided, abetted or conspired with any person in a
violation of the provisions of paragraph (a) or (b); or

(d) Committed any combination of the acts set forth in
paragraphs (a), (b) and (c).

3. In addition to other penalties prescribed by this
section, the Board may impose a civil penalty of not more than $5,000 for each
violation of this section.

4. The
Board [may recover:

(a) Attorneys
fees and costs incurred with respect to a hearing held pursuant to this section
from a person who is found in violation of any of the provisions of this
section;

(b) Attorneys
fees and costs incurred in the recovery of a civil penalty imposed pursuant to
this section; and

(c) Any
other costs incurred by the Board as a result of such a violation.] shall not privately censure the holder
of any permit, license or certificate of registration.

5. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 28. Chapter 630 of NRS is hereby amended
by adding thereto the provisions set forth as sections 29 to 41, inclusive, of
this act.

Sec. 29.1. The Board shall employ a person as the Executive
Secretary of the Board.

2. The
Executive Secretary serves as the chief administrative officer of the Board at
a level of compensation set by the Board.

3. The
Executive Secretary is an at-will employee who serves at the pleasure of the
Board.

2. Each
employee of the Board is an at-will employee who serves at the pleasure of the
Board. The Board may discharge an employee of the Board for any reason that
does not violate public policy, including, without limitation, making a false
representation to the Board.

3. A hearing
officer employed by the Board shall not act in any other capacity for the Board
or occupy any other position of employment with the Board, and the Board shall
not assign the hearing officer any duties which are unrelated to the duties of
a hearing officer.

4. If a person
resigns his position as a hearing officer or the Board terminates the person
from his position as a hearing officer, the Board may not rehire the person in
any position of employment with the Board for a period of 2 years following the
date of the resignation or termination. The provisions of this subsection do
not give a person any right to be rehired by the Board and do not permit the
Board to rehire a person who is prohibited from being employed by the Board
pursuant to any other provision of law.

Sec. 31. 1. Notwithstanding any other provision of law and except as otherwise
provided in this section, the Board shall not adopt any regulations that
prohibit or have the effect of prohibiting a physician, physician assistant or
practitioner of respiratory care from collaborating or consulting with another
provider of health care.

2. The
provisions of this section do not prevent the Board from adopting regulations
that prohibit a physician, physician assistant or practitioner of respiratory
care from aiding or abetting another person in the unlicensed practice of
medicine or the unlicensed practice of respiratory care.

3. As used in
this section, provider of health care has the meaning ascribed to it in NRS
629.031.

Secs. 32 and 33. (Deleted by amendment.)

Sec. 34. 1. In addition to the other requirements for licensure, an applicant for
a license to practice medicine shall submit to the Board information
describing:

(a) Any claims
made against the applicant for malpractice, whether or not a civil action was
filed concerning the claim;

(b) Any
complaints filed against the applicant with a licensing board of another state
and any disciplinary action taken against the applicant by a licensing board of
another state; and

(c) Any
complaints filed against the applicant with a hospital, clinic or medical
facility or any disciplinary action taken against the applicant by a hospital,
clinic or medical facility.

2. The Board
shall not issue a license to the applicant until it has received all the
information required by this section.

Sec. 35. In addition to the other requirements for licensure, an applicant for a
license to practice medicine shall cause to be submitted to the Board a
certificate of completion of progressive postgraduate training from the
residency program where the applicant received training.

Sec. 36. 1. If the Board has reason to believe that a person has violated, is
violating or is about to violate any provision of this chapter, the Board may
issue to the person a letter of warning, a letter of concern or a nonpunitive
admonishment at any time before the Board has initiated any disciplinary
proceedings against the person.

(a) Does not
preclude the Board from initiating any disciplinary proceedings against the
person or taking any disciplinary action against the person based on any
conduct alleged or described in the letter or admonishment or any other
conduct; and

(b) Does not
constitute a final decision of the Board and is not subject to judicial review.

Sec. 37. 1. Each person who holds a license issued pursuant to this
chapter and who accepts the privilege of practicing medicine or respiratory
care within this state pursuant to the provisions of the license shall be
deemed to have given his consent to the revocation of the license at any time
by the Board in accordance with the provisions of this section.

2. The
Board shall not revoke a license issued pursuant to this chapter unless the
Board finds by a preponderance of the evidence that the licensee committed a
material violation of:

(a) Any
provision of NRS 630.161 or 630.301 to 630.3067, inclusive; or

(b) Any
condition, restriction or limitation imposed on the license.

Sec. 38. The expiration of a license by operation of law or by order or decision
of the Board or a court, or the voluntary surrender of a license by a licensee,
does not deprive the Board of jurisdiction to proceed with any investigation
of, or action or disciplinary proceeding against, the licensee or to render a
decision suspending or revoking the license.

Sec. 39. 1. A physician shall report to the Board:

(a) Any action
for malpractice against the physician not later than 45 days after the
physician receives service of a summons and complaint for the action;

(b) Any claim
for malpractice against the physician that is submitted to arbitration or
mediation not later than 45 days after the claim is submitted to arbitration or
mediation;

(c) Any
settlement, award, judgment or other disposition of any action or claim
described in paragraph (a) or (b) not later than 45 days after the settlement,
award, judgment or other disposition; and

(d) Any
sanctions imposed against the physician that are reportable to the National
Practitioner Data Bank not later than 45 days after the sanctions are imposed.

2. If the
Board finds that a physician has violated any provision of this section, the
Board may impose a fine of not more than $5,000 against the physician for each
violation, in addition to any other fines or penalties permitted by law.

3. All reports
made by a physician pursuant to this section are public records.

Sec. 40. If the Board receives a report pursuant to the provisions of NRS
630.3067, 690B.045, 690B.050 or section 39 of this act indicating that a
judgment has been rendered or an award has been made against a physician
regarding an action or claim for malpractice or that such an action or claim
against the physician has been resolved by settlement, the Board shall conduct
an investigation to determine whether to impose disciplinary action against the
physician regarding the action or claim, unless the Board has already commenced
or completed such an investigation regarding the action or claim before it receives
the report.

Sec. 41. 1. In addition to any other audits
required of the Board by law, the Legislative Commission shall issue to the
Federation of State Medical Boards of the United States, Inc., a request for
proposal to conduct regular performance audits
of the Board.

conduct regular performance audits of the Board. After
considering the response to the request for proposal, if the Legislative
Commission finds that the Federation of State Medical Boards of the United
States, Inc., has the ability to conduct fair and impartial performance audits
of the Board, the Legislative Commission shall engage the services of the
Federation of State Medical Boards of the United States, Inc., to conduct
regular performance audits of the Board. If the Legislative Commission finds
that the Federation of State Medical Boards of the United States, Inc., does
not have the ability to conduct fair and impartial performance audits of the
Board or is otherwise unable to conduct such performance audits, the
Legislative Commission shall direct the Audit Division of the Legislative
Counsel Bureau to conduct regular performance audits of the Board.

2. The initial performance audit of the Board must be
commenced before October 1, 2003. After the initial performance audit is
completed, additional performance audits must be conducted:

(a) Once every 8 years, for the preceding 8-year
period; or

(b) Whenever ordered by the Legislative Commission,
for the period since the last performance audit was conducted pursuant to this
section.

3. A written report of the results of the initial
performance audit must be submitted to the Secretary of the Legislative
Commission not later than 60 days after the date that the initial performance
audit is commenced. A written report of the results of each subsequent
performance audit must be submitted to the Secretary of the Legislative
Commission as soon as practicable after the date that the performance audit is
commenced.

4. Upon receipt of the written report of the results
of each performance audit, the Secretary of the Legislative Commission shall:

(a) Distribute
the report to the members of the Legislative Commission and to any other
Legislator who requests a copy of the report; and

(b) Not later
than 30 days after receipt of the report, make the report available to the
public.

5. The Board shall pay all costs related to each
performance audit conducted pursuant to this section.

6. Any person who conducts a performance audit
pursuant to this section:

(a) Is directly responsible to the Legislative
Commission;

(b) Must be sufficiently qualified to conduct the
performance audit; and

(c) Must never have conducted an audit of the Board
pursuant to NRS 218.825 or have been affiliated, in any way, with a person who
has conducted an audit of the Board pursuant to NRS 218.825.

7. Each performance audit conducted pursuant to this
section must include, without limitation, a comprehensive review and evaluation
of:

(a) The methodology and efficiency of the Board in
responding to complaints filed by the public against a licensee;

(b) The methodology and efficiency of the Board in
responding to complaints filed by a licensee against another licensee;

(c) The methodology and efficiency of the Board in
conducting investigations of licensees who have had two or more malpractice
claims filed against them within a period of 12 months;

(d) The methodology and efficiency of the Board in
conducting investigations of licensees who have been subject to one or more
peer review actions at a medical facility that resulted in the licensee losing
his professional privileges at the medical
facility for more than 30 days within a period of 12 months;

professional privileges at the medical facility for more
than 30 days within a period of 12 months;

(e) The methodology and efficiency of the Board in
taking preventative steps or progressive actions to remedy or deter any
unprofessional conduct by a licensee before such conduct results in a violation
under this chapter that warrants disciplinary action; and

(f) The managerial and administrative efficiency of
the Board in using the fees that it collects pursuant to this chapter.

Sec. 42.NRS 630.003 is hereby amended
to read as follows:

630.003 1.
The Legislature finds and declares that [it]:

(a) It is
among the responsibilities of State Government to ensure, as far as possible,
that only competent persons practice medicine and respiratory care within this
state [. For this purpose,];

(b) For
the protection and benefit of the public, the Legislature
delegates to the Board of Medical Examiners the power and duty [of determining]to determine the
initial and continuing competence of [doctors of medicine,]physicians, physician
assistants and practitioners of respiratory care [in this state.]who are subject to the provisions
of this chapter;

(c) The
Board must exercise its regulatory power to ensure that the interests of the
medical profession do not outweigh the interests of the public;

(d) The Board
must ensure that unfit physicians, physician assistants and practitioners of
respiratory care are removed from the medical profession so that they will not
cause harm to the public; and

(e) The Board
must encourage and allow for public input into its regulatory activities to
further improve the quality of medical practice within this state.

2. The
powers conferred upon the Board by this chapter must be liberally construed to
carry out [this purpose.] these purposes for the protection and benefit of the
public.

Sec. 43. NRS 630.020 is hereby amended to
read as follows:

630.020 Practice of medicine means:

1. To diagnose, treat, correct, prevent or prescribe
for any human disease, ailment, injury, infirmity, deformity or other
condition, physical or mental, by any means or instrumentality.

2. To apply principles or techniques of medical
science in the diagnosis or the prevention of any such conditions.

3. To perform any of the acts described in subsections
1 and 2 by using equipment that transfers information concerning the medical
condition of the patient electronically, telephonically or by fiber optics.

4. To offer, undertake, attempt to do or hold oneself
out as able to do any of the acts described in subsections 1 and 2.

[5. To use in connection with a persons name the words or
letters M.D., or any other title, word, letter or other designation intended
to imply or designate him as a practitioner of medicine in any of its branches,
except in the manner authorized by NRS 630A.220.]

Sec. 44. NRS 630.045 is hereby amended to
read as follows:

630.045 1.
The purpose of licensing physicians, physician assistants and
practitioners of respiratory care is to protect the public health and safety
and the general welfare of the people of this state.

2. Any
license issued pursuant to this chapter is a revocable privilege [and
no holder of],
but the Board may revoke such a license [acquires thereby any vested right.]

thereby any
vested right.]
only in accordance with the provisions of section 37 of this act.

Sec. 45. NRS 630.060 is hereby amended to
read as follows:

630.060 1. Six members of the Board must be persons
who are licensed to practice medicine in this state, are actually engaged in
the practice of medicine in this state and have resided and practiced medicine
in this state for at least 5 years preceding their respective appointments.

2. The remaining members must be persons who have
resided in this state for at least 5 years and who:

(a) Are not licensed in any state to practice any
healing art;

(b) Are not actively engaged in the administration of
any facility for the dependent as defined in chapter 449 of NRS, medical facility
or medical school; and

(c) Do not have a pecuniary interest in any matter
pertaining to the healing arts, except as a patient or potential patient.

3. The members of the Board must be selected without
regard to their individual political beliefs.

4. The President
of the Board shall conduct a training [programs]program to assist
new members of the Board in the performance of their duties.

Sec. 46.NRS 630.100 is hereby amended
to read as follows:

630.100 1. The Board shall meet at least twice
annually and may meet at other times on the call of the President or a majority
of its members.

2. Meetings
of the Board must be held at a location at which members of the general public
may testify via telephone or video conference between Las Vegas and Carson City
or Reno.

3. A
majority of the Board, or of any committee or panel appointed by the Board
constitutes a quorum. If there is a quorum, a vote of the majority of the
members present is all that is necessary to transact any business before the
Board or the committee or panel appointed by the Board.

Sec. 47. NRS 630.125 is hereby amended to
read as follows:

630.125 The Board may[:

1. Maintain]maintain offices in
as many localities in the State as it finds necessary to carry out the provisions
of this chapter.

630.130 1. In addition to the other powers and duties
provided in this chapter, the Board shall[:] , in the interest of the public,
judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for licensure
under this chapter;

(c) Conduct examinations for licensure and establish a
system of scoring for those examinations;

(d) Investigate the character of each applicant for a
license and issue licenses to those applicants who meet the qualifications set
by this chapter and the Board; and

(e) Institute a proceeding in any court to enforce its
orders or the provisions of this chapter.

2. On or before February 15 of each odd-numbered year,
the board shall submit to the Governor and to the Director of the Legislative
Counsel Bureau for transmittal to the next regular
session of the Legislature a written report compiling:

for transmittal to the next regular session of the
Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the
previous biennium against physicians for malpractice or negligence; and

(b) Information reported to the Board during the
previous biennium pursuant to NRS 630.3067, subsections 2 and 3 of NRS 630.307
and NRS 690B.045[.] and 690B.050 and section 39 of this
act.

The report must include only aggregate information for
statistical purposes and exclude any identifying information related to a
particular person.

3. The Board may adopt such regulations as are
necessary or desirable to enable it to carry out the provisions of this
chapter.

Secs. 49 and 50. (Deleted by
amendment.)

Sec. 51. NRS 630.261 is hereby amended to
read as follows:

630.261 1. Except as otherwise provided in NRS
630.161, the Board may issue:

(a) A locum tenens license, to be effective not more
than 3 months after issuance, to any physician who is licensed and in good
standing in another state, who meets the requirements for licensure in this
state and who is of good moral character and reputation. The purpose of this
license is to enable an eligible physician to serve as a substitute for another
physician who is licensed to practice medicine in this state and who is absent
from his practice for reasons deemed sufficient by the Board. A license issued
pursuant to the provisions of this paragraph is not renewable.

(b) A special license to a licensed physician of
another state to come into this state to care for or assist in the treatment of
his own patient in association with a physician licensed in this state. A
special license issued pursuant to the provisions of this paragraph is limited
to the care of a specific patient. The physician licensed in this state has the
primary responsibility for the care of that patient.

(c) A restricted license for a specified period if the
Board determines the applicant needs supervision or restriction.

(d) A temporary license for a specified period if the
physician is licensed and in good standing in another state and meets the
requirements for licensure in this state, and if the Board determines that it
is necessary in order to provide medical services for a community without
adequate medical care. A temporary license issued pursuant to the provisions of
this paragraph is not renewable.

(e) A special purpose license to a physician who is
licensed in another state to permit the use of equipment that transfers
information concerning the medical condition of a patient in this state across
state lines electronically, telephonically or by fiber optics if the physician:

(1) Holds a full and unrestricted license to
practice medicine in that state;

(2) Has not had any disciplinary or other action
taken against him by any state or other jurisdiction; and

(3) Meets the requirement set forth in paragraph
(d) of subsection 2 of NRS 630.160.

2. Except as otherwise provided in this section, the
Board may renew or modify any license issued pursuant to subsection 1.

[3. Every physician who is licensed pursuant to subsection 1
and who accepts the privilege of practicing medicine in this state pursuant to
the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board for any of
the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.]

revocation of the
license at any time by the Board for any of the grounds provided in NRS 630.161
or 630.301 to 630.3065, inclusive.]

Sec. 52. NRS 630.301 is hereby amended to
read as follows:

630.301 The following acts, among others, constitute
grounds for initiating disciplinary action or denying licensure:

1. Conviction of a felony . [, any offense involving
moral turpitude or any offense relating to the practice of medicine or the
ability to practice medicine.] A plea of nolo contendere
is a conviction for the purposes of this subsection.

2. Conviction of violating any of the provisions of
NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310[,]
or 616D.350 to 616D.440, inclusive.

3. The revocation, suspension, modification or
limitation of the license to practice any type of medicine by any other
jurisdiction or the surrender of the license or discontinuing the practice of
medicine while under investigation by any licensing authority, a medical
facility, a branch of the Armed Services of the United States, an insurance
company, an agency of the Federal Government or an employer.

4. Malpractice, which may be evidenced by claims
settled against a practitioner [.] , but only if such malpractice is established by a
preponderance of the evidence.

5. The engaging by a practitioner in any sexual
activity with a patient who is currently being treated by the practitioner.

6. Disruptive behavior with physicians, hospital
personnel, patients, members of the families of patients or any other persons
if the behavior interferes with patient care or has an adverse impact on the
quality of care rendered to a patient.

7. The engaging in conduct that violates the trust of
a patient and exploits the relationship between the physician and the patient
for financial or other personal gain.

8. The failure to offer appropriate procedures or
studies, to protest inappropriate denials by organizations for managed care, to
provide necessary services or to refer a patient to an appropriate provider,
when such a failure occurs with the intent of positively influencing the
financial well-being of the practitioner or an insurer.

9. The engaging in conduct that brings the medical
profession into disrepute, including, without limitation, conduct that violates
any provision of a national code of ethics adopted by the Board by regulation.

10. The engaging in sexual contact with the surrogate
of a patient or other key persons related to a patient, including, without
limitation, a spouse, parent or legal guardian, which exploits the relationship
between the physician and the patient in a sexual manner.

Sec. 53. NRS 630.3062 is hereby amended to
read as follows:

630.3062 The following acts, among others, constitute
grounds for initiating disciplinary action or denying licensure:

1. Failure to maintain timely, legible, accurate and
complete medical records relating to the diagnosis, treatment and care of a
patient.

2. Altering medical records of a patient.

3. Making or filing a report which the licensee knows
to be false, failing to file a record or report as required by law or willfully
obstructing or inducing another to obstruct such filing.

4. Failure to make the medical records of a patient
available for inspection and copying as provided in NRS 629.061.

5. Failure to comply with the requirements of [NRS 630.3067.] section 39 of this act.

6. Failure to report any person the licensee knows, or
has reason to know, is in violation of the provisions of this chapter or the
regulations of the Board.

Sec. 54. NRS 630.3067 is hereby amended to
read as follows:

630.3067 1. The insurer of a physician licensed under
this chapter [and the physician must]shall report to the Board [any
action filed or claim]:

(a) Any action
for malpractice against the physician not later than 45 days after the
physician receives service of a summons and complaint for the action;

(b) Any claim
for malpractice against the physician that is submitted to
arbitration or mediation [for malpractice or negligence against the physician and the]not later than 45 days after the
claim is submitted to arbitration or mediation; and

(c) Any settlement,
award, judgment or other disposition of [the]any action or claim [within
30 days after:

(a) The
action was filed or the claim was submitted to arbitration or mediation; and

(b) The
disposition of the action or claim.] described in paragraph (a) or (b) not later than 45 days
after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with
subsection 1 by an insurer licensed in this state to the Division of Insurance
of the Department of Business and Industry. If, after a hearing, the Division
of Insurance determines that any such insurer failed to comply with the
requirements of subsection 1, the Division may impose an administrative fine of
not more than $10,000 against the insurer for each such failure to report. If
the administrative fine is not paid when due, the fine must be recovered in a
civil action brought by the Attorney General on behalf of the Division.

Sec. 55.NRS 630.318 is hereby amended
to read as follows:

630.318 1. If the Board or any investigative committee of
the Board has reason to believe that the conduct of any physician has raised a
reasonable question as to his competence to practice medicine with reasonable
skill and safety to patients, or
if the Board has received a report pursuant to the provisions of NRS 630.3067,
690B.045, 690B.050 or section 39 of this act indicating that a judgment has
been rendered or an award has been made against a physician regarding an action
or claim for malpractice or that such an action or claim against the physician
has been resolved by settlement, it may order that the physician
undergo a mental or physical examination or an examination testing his
competence to practice medicine by physicians or other examinations designated
by the Board to assist the Board or committee in determining the fitness of the
physician to practice medicine.

2. For the purposes of this section:

(a) Every physician who applies for a license or who is
licensed under this chapter shall be deemed to have given his consent to submit
to a mental or physical examination or an examination testing his competence to
practice medicine when ordered to do so in writing by the Board.

(b) The testimony or reports of the examining
physicians are not privileged communications.

3. Except in extraordinary circumstances, as
determined by the Board, the failure of a physician licensed under this chapter
to submit to an examination when directed as provided in this section
constitutes an admission of the charges against him.

Sec. 56. NRS 630.333 is hereby amended to
read as follows:

630.333 1. In addition to any other remedy provided
by law, the Board, through its President or Secretary-Treasurer or the Attorney
General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of a
licensee which is harmful to the public;

(b) To enjoin any person who is not licensed under this
chapter from practicing medicine or respiratory care;

(c) To limit the practice of a physician, physician
assistant or practitioner of respiratory care, or suspend his license to
practice; or

(d) To enjoin the use of the title [M. D.,]
P.A., P.A.-C, R.C.P. or any other word, combination of letters or other
designation intended to imply or designate a person as a [physician,]
physician assistant or practitioner of respiratory care, when not licensed by
the Board pursuant to this chapter, unless the use is otherwise authorized by a
specific statute.

2. The court in a proper case may issue a temporary
restraining order or a preliminary injunction for the purposes set forth in
subsection 1:

(a) Without proof of actual damage sustained by any
person;

(b) Without relieving any person from criminal
prosecution for engaging in the practice of medicine without a license; and

(c) Pending proceedings for disciplinary action by the
Board.

Sec. 57. NRS 630.336 is hereby amended to
read as follows:

630.336 1. [Any proceeding of a
committee of the Board investigating complaints is not subject to the
requirements of NRS 241.020, unless the licensee under investigation requests
that the proceeding be subject to those requirements.] Any
deliberations conducted or vote taken by[:

(a) The
Board or panel regarding its decision; or

(b) The]the Board or any
investigative committee of the Board regarding its ordering of a physician,
physician assistant or practitioner of respiratory care to undergo a physical
or mental examination or any other examination designated to assist the Board
or committee in determining the fitness of a physician, physician assistant or
practitioner of respiratory care[,]are not subject to the
requirements of NRS 241.020.

2. Except as otherwise provided in subsection 3[,]or 4, all applications for
a license to practice medicine or respiratory care, any charges filed by the
Board, financial records of the Board, formal hearings on any charges heard by
the Board or a panel selected by the Board, records of such hearings and any
order or decision of the Board or panel must be open to the public.

3. [Except as otherwise provided in NRS 630.352 and 630.368, the]The following may be
kept confidential:

(a) Any statement, evidence, credential or other proof
submitted in support of or to verify the contents of an application;

(b) [All investigations and records of investigations;

(c)]
Any report concerning the fitness of any person to receive or hold a license to
practice medicine or respiratory care;

(2) The Board or its staff, investigators,
experts, committees, panels, hearing officers, advisory members or consultants
and counsel for the [Board; and

(e) Any
other information or records in the possession of the]
Board.

4. Except as
otherwise provided in subsection 5, a complaint filed with the Board pursuant
to NRS 630.307, all documents and other information filed with the complaint
and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
are confidential.

5. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

6. This
section does not prevent or prohibit the Board from communicating or
cooperating with any other licensing board or agency or any agency which is
investigating a licensee, including a law enforcement agency. Such cooperation
may include, without limitation, providing the board or agency with minutes of
a closed meeting, transcripts of oral examinations and the results of oral
examinations.

Sec. 58. NRS 630.352 is hereby amended to
read as follows:

630.352 1. Any member of the Board, except for an
advisory member serving on a panel of the Board hearing charges, may
participate in the final order of the Board. If the Board, after a formal
hearing, determines from a preponderance of the evidence that a violation of
the provisions of this chapter or of the regulations of the Board has occurred,
it shall issue and serve on the physician charged an order, in writing,
containing its findings and any sanctions.

2. If the Board determines that no violation has
occurred, it shall dismiss the charges, in writing, and notify the physician
that the charges have been dismissed. If the disciplinary proceedings were
instituted against the physician as a result of a complaint filed against him,
the Board may provide the physician with a copy of the complaint.

3. Except as otherwise provided in subsection 4, if
the Board finds that a violation has occurred, it [may]shall by order [:] take one or more of the following
actions:

(a) Place the person on probation for a specified
period on any of the conditions specified in the order;

(b) Administer to him a public reprimand;

(c) Limit his practice or exclude one or more specified
branches of medicine from his practice;

(d) Suspend his license for a specified period or until
further order of the Board;

(e) Revoke his license to practice medicine[;] , but only in accordance with the
provisions of section 37 of this act;

(f) Require him to participate in a program to correct
alcohol or drug dependence or any other impairment;

(j) Require him to take a physical or mental
examination or an examination testing his competence; and

(k) Require him to fulfill certain training or
educational requirements . [;
and

(l) Require
him to pay all costs incurred by the Board relating to his disciplinary
proceedings.]

4. If the Board finds that the physician has violated
the provisions of NRS 439B.425, the Board shall suspend his license for a
specified period or until further order of the Board.

5. The
Board shall not administer a private reprimand if the Board finds that a
violation has occurred.

6. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 59. NRS 630.400 is hereby amended to
read as follows:

630.400 A person who:

1. Presents to the Board as his own the diploma,
license or credentials of another;

2. Gives either false or forged evidence of any kind
to the Board;

3. Practices medicine or respiratory care under a
false or assumed name or falsely personates another licensee;

4. Except as otherwise provided by specific statute,
practices medicine or respiratory care without being licensed under this
chapter;

5. Holds himself out as a physician assistant or uses
any other term indicating or implying that he is a physician assistant without
being licensed by the Board; or

6. Holds himself out as a practitioner of respiratory
care or uses any other term indicating or implying that he is a practitioner of
respiratory care without being licensed by the Board ,[; or

7. Uses the title M.D.:

(a) Without
having been awarded such a degree; or

(b) When
not authorized by a specific statute,]

is guilty of a category D felony and shall be punished as
provided in NRS 193.130.

Sec. 60. NRS 630A.510 is hereby amended to
read as follows:

630A.510 1. Any member of the Board who was not a
member of the investigative committee, if one was appointed, may participate in
the final order of the Board. If the Board, after a formal hearing, determines
that a violation of the provisions of this chapter or the regulations adopted
by the Board has occurred, it shall issue and serve on the person charged an
order, in writing, containing its findings and any sanctions imposed by the
Board. If the Board determines that no violation has occurred, it shall dismiss
the charges, in writing, and notify the person that the charges have been
dismissed.

2. If the Board finds that a violation has occurred,
it may by order:

(a) Place the person on probation for a specified
period on any of the conditions specified in the order.

(b) Administer to the person a public reprimand.

(c) Limit the practice of the person or exclude a
method of treatment from the scope of his practice.

(d) Suspend the license of the person for a specified
period or until further order of the Board.

(e) Revoke the license of the person to practice
homeopathic medicine.

[(l) Require the person to pay the costs of the investigation
and hearing.]

3. The
Board shall not administer a private reprimand.

4. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 61. NRS 630A.555 is hereby amended to
read as follows:

630A.555 1. Except as otherwise provided in [subsection
2,]this
section, any records or information obtained during an
investigation by the Board and any record of the investigation are confidential
.[until
the investigation is completed. Upon completion of the investigation, the
information and records are public records if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The complaint
or other document filed by the Board to initiate disciplinary action and all
documents and information considered by the Board when determining whether to
impose discipline are public records.

3. The Board
may provide any record or information described in subsection 1 to any other
licensing board or agency, including a law enforcement agency, which is
investigating a person who is licensed pursuant to this chapter.

upon proof satisfactory to the Board that the person has
engaged in any of the activities listed in subsection 2.

2. The following activities may be punished as
provided in subsection 1:

(a) Engaging in the illegal practice of dentistry or
dental hygiene;

(b) Engaging in unprofessional conduct; or

(c) Violating any regulations adopted by the Board or
the provisions of this chapter.

3. The Board may delegate to a hearing officer or
panel its authority to take any disciplinary action pursuant to this chapter,
impose and collect fines therefor and deposit the money therefrom in banks,
credit unions or savings and loan associations in this state.

4. If a hearing officer or panel is not authorized to
take disciplinary action pursuant to subsection 3 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State Board of
Examiners for recommendation to the Interim Finance Committee if money is
needed to pay attorneys fees or the costs of an investigation, or both.

5. The
Board shall not administer a private reprimand.

6.An order that imposes discipline
and the findings of fact and conclusions of law supporting that order are
public records.

Sec. 63. NRS 631.368 is hereby amended to
read as follows:

631.368 1. Except as otherwise provided in [subsection
2,]this
section, any records or information obtained during the course of
an investigation by the Board and any record of the investigation are
confidential .[until
the investigation is completed. Upon completion of the investigation the
information and records are public records, only if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The complaint
or other document filed by the Board to initiate disciplinary action and all
documents and information considered by the Board when determining whether to
impose discipline are public records.

3. The Board
may provide any record or information described in subsection 1 to any other
licensing board or agency or any agency which is investigating a person
licensed pursuant to this chapter, including a law enforcement agency.

Sec. 64. NRS 632.325 is hereby amended to
read as follows:

632.325 1. If the Board determines that a licensee or
holder of a certificate has committed any of the acts set forth in NRS 632.320,
it may take any one or more of the following disciplinary actions:

(a)
Place conditions, limitations or restrictions on his license or certificate.

(b)
Impose and collect an administrative fine of not more than $5,000.

(c)
[Require the licensee or holder of a certificate to pay all
costs incurred by the Board relating to the discipline of the licensee or
holder of a certificate.

(d) Reprimand]Publicly reprimand the
licensee or holder of a certificate.

[(e)](d) Accept the
voluntary surrender of a license or certificate in lieu of imposing any other
disciplinary action set forth in this subsection.

2.
If the Board determines that:

(a)
A person whose license or certificate is suspended or voluntarily surrendered,
or has been placed on an inactive list pursuant to NRS 632.341, has committed,
during the period his license or certificate was valid, inactive or would have
been valid if not for the suspension or surrender; or

(b)
An applicant for the renewal or reinstatement of a license or certificate has
committed, at any time after the most recent renewal of his license or
certificate or the issuance of his original license or certificate if it has
not been renewed,

any of the acts set forth in NRS 632.320, the Board may take
any one or more of the disciplinary actions set forth in subsection 1.

3. The
Board shall not privately reprimand a licensee or holder of a certificate.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 65. NRS 632.405 is hereby amended to
read as follows:

632.405 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation by the Board and any record of the investigation are
confidential .[until
the investigation is completed. Upon completion of the investigation the
information and records are public records, only if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose disciplinary action are public records.

3.
This section does not prevent or prohibit the Board from communicating or
cooperating with another licensing board or any agency that is investigating a
licensee, including a law enforcement agency.

Sec. 66. Chapter 633 of NRS is hereby amended
by adding thereto the provisions set forth as sections 67 to 73, inclusive, of
this act.

Sec. 67. 1. In addition to the other requirements for licensure, an applicant for
a license to practice osteopathic medicine shall submit to the Board
information describing:

(a) Any claims
made against the applicant for malpractice, whether or not a civil action was
filed concerning the claim;

(b) Any
complaints filed against the applicant with a licensing board of another state
and any disciplinary action taken against the applicant by a licensing board of
another state; and

(c) Any
complaints filed against the applicant with a hospital, clinic or medical
facility or any disciplinary action taken against the applicant by a hospital,
clinic or medical facility.

2. The Board
shall not issue a license to the applicant until it has received all the
information required by this section.

Sec. 68. In addition to the other requirements for licensure, an applicant shall
cause to be submitted to the Board a certificate of completion of progressive
postgraduate training from the residency program where the applicant received
training.

Sec. 69. The expiration of a license by operation of law or by order or decision
of the Board or a court, or the voluntary surrender of a license by a licensee,
does not deprive the Board of jurisdiction to proceed with any investigation
of, or action or disciplinary proceeding against, the licensee or to render a
decision suspending or revoking the license.

Sec. 70. 1. An osteopathic physician shall report to the Board:

(a) Any action
for malpractice against the osteopathic physician not later than 45 days after
the osteopathic physician receives service of a summons and complaint for the
action;

(b) Any claim
for malpractice against the osteopathic physician that is submitted to
arbitration or mediation not later than 45 days after the claim is submitted to
arbitration or mediation;

(c) Any
settlement, award, judgment or other disposition of any action or claim
described in paragraph (a) or (b) not later than 45 days after the settlement,
award, judgment or other disposition; and

(d) Any
sanctions imposed against the osteopathic physician that are reportable to the
National Practitioner Data Bank not later than 45 days after the sanctions are
imposed.

2. If the
Board finds that an osteopathic physician has violated any provision of this
section, the Board may impose a fine of not more than $5,000 against the
osteopathic physician for each violation, in addition to any other fines or
penalties permitted by law.

3. All reports
made by an osteopathic physician pursuant to this section are public records.

Sec. 71. If the Board receives a report pursuant to the provisions of NRS 633.526,
690B.045, 690B.050 or section 70 of this act indicating that a judgment has
been rendered or an award has been made against an osteopathic physician
regarding an action or claim for malpractice or that such an action or claim
against the osteopathic physician has been resolved by settlement, the Board
shall conduct an investigation to determine whether to impose disciplinary
action against the osteopathic physician regarding the action or claim, unless
the Board has already commenced or completed such an investigation regarding
the action or claim before it receives the report.

Sec. 72. 1. If the Board receives a report pursuant to the provisions of NRS
633.526, 690B.045, 690B.050 or section 70 of this act indicating that a
judgment has been rendered or an award has been made against an osteopathic
physician regarding an action or claim for malpractice or that such an action
or claim against the osteopathic physician has been resolved by settlement, the
Board may order that the osteopathic physician undergo a mental or physical
examination or an examination testing his competence to practice medicine by
osteopathic physicians or other examinations designated by the Board to assist
the Board or any investigative committee of the Board in determining the
fitness of the osteopathic physician to practice medicine.

2. For
the purposes of this section:

(a) Every
osteopathic physician who applies for a license or who holds a license under
this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination
testing his competence to practice medicine when ordered to do so in writing by
the Board.

submit to a
mental or physical examination or an examination testing his competence to
practice medicine when ordered to do so in writing by the Board.

(b) The
testimony or reports of the examining osteopathic physician are not privileged
communications.

Sec. 73. (Deleted by amendment.)

Sec. 74.NRS 633.286 is hereby amended
to read as follows:

633.286 1. On or before February 15 of each
odd-numbered year, the Board shall submit to the Governor and to the Director
of the Legislative Counsel Bureau for transmittal to the next regular session
of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during the
previous biennium against osteopathic physicians for malpractice or negligence;
and

(b) Information reported to the Board during the
previous biennium pursuant to NRS 633.526, subsections 2 and 3 of NRS 633.533
and NRS 690B.045[.] and 690B.050 and section 70 of this
act.

2. The report must include only aggregate information
for statistical purposes and exclude any identifying information related to a
particular person.

Sec. 75. NRS 633.301 is hereby amended to
read as follows:

633.301 The Board shall keep a record of its proceedings
relating to licensing and disciplinary actions. [The record shall] Except as otherwise provided in NRS
633.611, the record must be open to public inspection at all
reasonable times and [shall also] contain the name, known
place of business and residence, and the date and number of the license of
every osteopathic physician licensed under this chapter.

Sec. 76. NRS 633.511 is hereby amended to
read as follows:

633.511 The grounds for initiating disciplinary action
pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating
the possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;

(b) A felony;

(c) A violation of any of the provisions of NRS
616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

(d) Any offense involving moral turpitude.

3. The suspension of the license to practice
osteopathic medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be
evidenced by claims of malpractice settled against a practitioner.

5. Professional incompetence.

6. Failure to comply with the requirements of [NRS 633.526.] section 70 of this act.

Sec. 77. NRS 633.526 is hereby amended to
read as follows:

633.526 1. The insurer of an osteopathic physician
licensed under this chapter [and the osteopathic physician must]shall report to the Board [any
action filed or claim]:

(a) Any action
for malpractice against the osteopathic physician not later than 45 days after
the osteopathic physician receives service of a summons and complaint for the
action;

(b) Any claim
for malpractice against the osteopathic physician that is submitted
to arbitration or mediation [for malpractice or negligence against the osteopathic
physician and the]not later than 45 days after the claim is submitted to
arbitration or mediation; and

(c) Any settlement,
award, judgment or other disposition of [the]any action or claim [within
30 days after:

(a) The
action was filed or the claim was submitted to arbitration or mediation; and

(b) The
disposition of the action or claim.] described in paragraph (a) or (b) not later than 45 days
after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with
subsection 1 by an insurer licensed in this state to the Division of Insurance
of the Department of Business and Industry. If, after a hearing, the Division
of Insurance determines that any such insurer failed to comply with the
requirements of subsection 1, the Division may impose an administrative fine of
not more than $10,000 against the insurer for each such failure to report. If
the administrative fine is not paid when due, the fine must be recovered in a
civil action brought by the Attorney General on behalf of the Division.

Sec. 77.5. NRS 633.611 is hereby amended to
read as follows:

633.611 [All proceedings subsequent to the
filing of]

1. Except
as otherwise provided in this section, a complaint filed with the Board, all documents and
other information filed with the complaint and all documents and other
information compiled as a result of the investigation conducted to determine
whether to initiate disciplinary action are confidential .[, except to the extent
necessary for the conduct of an examination, until]

2. The
complaint or other document filed by the Board [determines
to proceed with]to initiate disciplinary action [.
If]and all documents and information considered by the
Board [dismisses the complaint, the proceedings remain confidential.
If the Board proceeds with disciplinary action, confidentiality concerning the
proceedings is no longer required.] when determining whether to impose discipline are public
records.

3. The Board
may disseminate all documents and other information filed with the complaint
and all documents and other information compiled as a result of an
investigation to any other licensing board, national association of registered
boards, an agency of the Federal Government or of the State, the Attorney
General or any law enforcement agency, regardless of whether the Board
initiates disciplinary action as a result of the complaint or investigation.

Sec. 78. NRS 633.651 is hereby amended to
read as follows:

633.651 1. The person charged in a formal complaint
is entitled to a hearing before the Board, but the failure of the person
charged to attend his hearing or his failure to defend himself must not delay
or void the proceedings. The Board may, for good cause shown, continue any
hearing from time to time.

2. If the Board finds the person guilty as charged in
the formal complaint, it [may]shall by order [:] take one or more of the following
actions:

(a) Place the person on probation for a specified
period or until further order of the Board.

(c) Limit the practice of the person to, or by the
exclusion of, one or more specified branches of osteopathic medicine.

(d) Suspend the license of the person to practice
osteopathic medicine for a specified period or until further order of the
Board.

(e) Revoke the license of the person to practice
osteopathic medicine.

The order of the Board may contain such other terms,
provisions or conditions as the Board deems proper and which are not
inconsistent with law.

3. The
Board shall not administer a private reprimand.

4. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 79. Chapter 634 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of the investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 79.3.NRS
634.018 is hereby amended to read as follows:

634.018 Unprofessional conduct means:

1. Obtaining a certificate upon fraudulent credentials
or gross misrepresentation.

2. Procuring, or aiding or abetting in procuring,
criminal abortion.

3. [Obtaining a fee on assurance]Assuring that a manifestly
incurable disease can be permanently cured.

4. Advertising chiropractic business in which grossly
improbable statements are made, advertising in any manner that will tend to
deceive, defraud or mislead the public or preparing, causing to be prepared,
using or participating in the use of any form of public communication that
contains professionally self-laudatory statements calculated to attract lay
patients. As used in this subsection, public communication includes, but is
not limited to, communications by means of television, radio, newspapers, books
and periodicals, motion picture, handbills or other printed matter. [Nothing
contained in this subsection prohibits the direct mailing of informational
documents to former or current patients.]

5. Willful disobedience of the law, or of the
regulations of the State Board of Health or of the Chiropractic Physicians
Board of Nevada.

6. Conviction of any offense involving moral
turpitude, or the conviction of a felony. The record of the conviction is
conclusive evidence of unprofessional conduct.

7. Administering, dispensing or prescribing any controlled
substance.

8. Conviction or violation of any federal or state law
regulating the possession, distribution or use of any controlled substance. The
record of conviction is conclusive evidence of unprofessional conduct.

9. Habitual intemperance or excessive use of alcohol
or alcoholic beverages or any controlled substance.

10. Conduct unbecoming a person licensed to practice
chiropractic or detrimental to the best interests of the public.

11. Violating, or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or conspiring to
violate, any provision of this chapter or the regulations adopted by the Board,
or any other statute or regulation pertaining to the practice of chiropractic.

12. Employing, directly or indirectly, any suspended
or unlicensed practitioner in the practice of any system or mode of treating
the sick or afflicted, or the aiding or abetting of any unlicensed person to
practice chiropractic under this chapter.

13. Repeated malpractice, which may be evidenced by
claims of malpractice settled against a practitioner.

14. Solicitation by the licensee or his designated
agent of any person who, at the time of the solicitation, is vulnerable to
undue influence, including, without limitation, any person known by the
licensee to have recently been [:

(a) Involved]involved in a motor
vehicle accident [;

(b) Involved], involved in a
work-related accident [; or

(c) Injured],or injured by, or as the
result of the actions of, another person. As used in this subsection:

(a) Designated
agent means a person who renders service to a licensee on a contract basis and
is not an employee of the licensee.

(b) Solicitation
means the attempt to acquire a new patient through information obtained from a
law enforcement agency, medical facility or the report of any other party,
which information indicates that the potential new patient may be vulnerable to
undue influence, as described in this subsection.

15. Employing, directly or indirectly, any person as a
chiropractors assistant unless the person has been issued a certificate by the
Board pursuant to NRS 634.123, or has applied for such a certificate and is
awaiting the determination of the Board concerning the application.

16. Aiding,
abetting, commanding, counseling, encouraging, inducing or soliciting an
insurer or other third-party payor to reduce or deny payment or reimbursement
for the care or treatment of a patient, unless such action is supported by:

(a) The
medical records of the patient; and

(b) An
examination of the patient by the chiropractic physician taking such action.

Sec. 79.5.NRS
634.090 is hereby amended to read as follows:

634.090 1. An applicant must, in addition to the
requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the
Board:

(a) That he is of good moral character;

(b) [Not]Except as otherwise provided in subsection 2, not less
than 60 days before the date of the examination, that he has a high school
education and is a graduate from a college of chiropractic which is accredited
by the Council on Chiropractic Education or which has a reciprocal agreement with
the Council on Chiropractic Education [,]or any governmental accrediting agency, whose
minimum course of study leading to the degree of doctor of chiropractic
consists of not less than 4,000 hours of credit which includes instruction in
each of the following subjects:

(1) Holds certificates which indicate that he
has passed parts I, II [and III,], III and IV, and the portion relating to
physiotherapy, of the examination administered by the National Board of
Chiropractic Examiners; or

(2) Has actively practiced chiropractic in
another state for not fewer than 7 of the immediately preceding 10 years
without having any adverse disciplinary action taken against him.

2. The
Board may, for good cause shown, waive the requirement for a particular
applicant that the college of chiropractic from which the applicant graduated
must be accredited by the Council on Chiropractic Education or have a
reciprocal agreement with the Council on Chiropractic Education or a
governmental accrediting agency.

3. Except
as otherwise provided in subsection [3,]4, every applicant is
required to submit evidence of his successful completion of not less than 60
credit hours at an accredited college or university.

[3.]4. Any applicant who has
been licensed to practice in another state, and has been in practice for not
less than 5 years, is not required to comply with the provisions of subsection [2.]3.

Sec. 79.7.NRS
634.130 is hereby amended to read as follows:

634.130 1. Licenses and certificates must be renewed
annually. Each person who is licensed pursuant to the provisions of this
chapter must, upon the payment of the required renewal fee and the submission
of the statement required pursuant to NRS 634.095, be granted a renewal
certificate which authorizes him to continue to practice for 1 year.

2. The renewal fee must be paid and the statement must
be submitted to the Board on or before January 1 of the year to which it
applies.

3. Except as otherwise provided in subsection 4, a
licensee in active practice within this state must submit satisfactory proof to
the Board that he has attended at least 12 hours of continuing education which
is approved or endorsed by the Board .[, with the exception of a
licensee who has reached the age of 70 years. Two hours of the continuing
education must be obtained in a topic specified by the Board.]
The educational requirement of this section may be waived by the Board if the
licensee files with the Board a statement of a chiropractic physician,
osteopathic physician or doctor of medicine certifying that the licensee is
suffering from a serious or disabling illness or physical disability which
prevented him from completing the requirements for continuing education during
the 12 months immediately preceding the renewal date of his license.

4. A licensee is not required to comply with the
requirements of subsection 3 until the calendar year after the year the Board
issues to him an initial license to practice as a chiropractor in this state.

(b) Submit the statement required pursuant to NRS
634.095 by January 1;

(c) Submit proof of continuing education pursuant to
subsection 3; or

(d) Notify the Board of a change in the location of his
office pursuant to NRS 634.129,

his license is automatically suspended and may be reinstated
only upon the payment of the required fee for reinstatement in addition to the
renewal fee.

6. If a holder of a certificate as a chiropractors
assistant fails to:

(a) Pay his renewal fee by January 1;

(b) Submit the statement required pursuant to NRS
634.095 by January 1; or

(c) Notify the Board of a change in the location of his
office pursuant to NRS 634.129,

his certificate is automatically suspended and may be reinstated
only upon the payment of the required fee for reinstatement in addition to the
renewal fee.

Sec. 80. NRS 634.190 is hereby amended to
read as follows:

634.190 1. The person charged is entitled to a
hearing before the Board, but the failure of the person charged to attend his
hearing or his failure to defend himself does not delay or void the
proceedings. The Board may, for good cause shown, continue any hearing from
time to time.

2.
If the Board finds the person guilty as charged in the complaint, it may by
order:

(a)
Place the person on probation for a specified period or until further order of
the Board.

(b)
Administer to the person a public [or private]
reprimand.

(c)
Limit the practice of the person to, or by the exclusion of, one or more
specified branches of chiropractic.

(d)
Suspend the license of the person to practice chiropractic for a specified
period or until further order of the Board.

(e)
Revoke the license of the person to practice chiropractic.

(f)
Impose a fine of not more than $10,000, which must be deposited with the State
Treasurer for credit to the State General Fund.

[(g)
Require the person to pay all costs incurred by the Board relating to the discipline
of the person.]

The order of the Board may contain such other terms,
provisions or conditions as the Board deems proper and which are not
inconsistent with law.

3. If the Board finds that a licensee has violated the
provisions of NRS 439B.425, the Board shall suspend his license for a specified
period or until further order of the Board.

4. The
Board shall not administer a private reprimand.

5. An
order that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 80.5.NRS 634.208 is
hereby amended to read as follows:

634.208 1. In addition to any other remedy provided
by law, the Board, through its President, Secretary or its attorney, or the
Attorney General, may bring an action in any court of competent jurisdiction to
enjoin any person who does not hold a license issued by the Board from
practicing chiropractic or representing himself to be a chiropractor. As used in this subsection, practicing
chiropractic includes the conducting of independent examinations and the
offering of opinions regarding the treatment
or care, or both, with respect to patients who are residents of this state.

treatment or
care, or both, with respect to patients who are residents of this state.

2. The court in a proper case may issue an injunction
for such purposes without proof of actual damage sustained by any person, this
provision being a preventive as well as a punitive measure. The issuance of
such an injunction does not relieve the person from criminal prosecution for a
violation of NRS 634.227.

Sec. 81. NRS 634.212 is hereby amended to
read as follows:

634.212 1. The Board shall keep a record of its
proceedings relating to licensing and disciplinary actions. [These]Except as otherwise provided in
section 79 of this act, the records must be open to public
inspection at all reasonable times and must contain the name, known place of
business and residence, and the date and number of the license of every
chiropractor licensed under this chapter. The Board may keep such other records
as it deems desirable.

2.
Except as otherwise provided
in this subsection, all information pertaining to the personal background,
medical history or financial affairs of an applicant or licensee which the
Board requires to be furnished to it under this chapter, or which it otherwise
obtains, is confidential and may be disclosed in whole or in part only as
necessary in the course of administering this chapter or upon the order of a
court of competent jurisdiction. The Board may, under procedures established by
regulation, permit the disclosure of this information to any agent of the
Federal Government, of another state or of any political subdivision of this
state who is authorized to receive it.

3. Notice of the disclosure and the contents of the
information disclosed pursuant to subsection 2 must be given to the applicant
or licensee who is the subject of that information.

Sec. 82. Chapter 634A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of the investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board
to initiate disciplinary action and all documents and information considered by
the Board when determining whether to impose discipline are public records.

3. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 83. NRS 634A.250 is hereby amended to
read as follows:

634A.250 [1.]
In addition to any other penalties prescribed by law, the Board may, after
notice and hearing, impose upon any person who violates any provision of this
chapter or the regulations adopted pursuant thereto an administrative fine of
not more than $2,500.

[2. If discipline is imposed pursuant to this chapter, the
costs of the proceeding, including investigative costs and attorneys fees, may
be recovered by the Board.]

Sec. 84. Chapter 635 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of the investigation conducted to determine whether to initiate
disciplinary action are confidential.

2. The complaint or other document filed by the Board
to initiate disciplinary action and all documents and information considered by
the Board when determining whether to impose discipline are public records.

3. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 85. NRS 635.130 is hereby amended to
read as follows:

635.130 1. The Board, after notice and hearing, and
upon any cause enumerated in subsection 2, may take one or more of the
following disciplinary actions:

(a) Deny an application for a license or refuse to renew
a license.

(b) Suspend or revoke a license.

(c) Place a licensee on probation.

(d) Impose a fine not to exceed $5,000.

[(e) Require the licensee to pay all costs incurred by the
Board relating to the discipline of the licensee.]

2. The Board may take disciplinary action against a
licensee for any of the following causes:

(a) The making of a false statement in any affidavit
required of the applicant for application, examination or licensure pursuant to
the provisions of this chapter.

(b) Lending the use of the holders name to an
unlicensed person.

(c) If the holder is a podiatric physician, his
permitting an unlicensed person in his employ to practice as a podiatry
hygienist.

(d) Habitual indulgence in the use of alcohol or any
controlled substance which impairs the intellect and judgment to such an extent
as in the opinion of the Board incapacitates the holder in the performance of
his professional duties.

(e) Conviction of a crime involving moral turpitude.

(f) Conviction of violating any of the provisions of
NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

(g) Conduct which in the opinion of the Board
disqualifies him to practice with safety to the public.

(h) The commission of fraud by or on behalf of the
licensee regarding his license or practice.

(i) Gross incompetency.

(j) Affliction of the licensee with any mental or
physical disorder which seriously impairs his competence as a podiatric
physician or podiatry hygienist.

(k) False representation by or on behalf of the
licensee regarding his practice.

(l) Unethical or unprofessional conduct.

(m) Willful or repeated violations of this chapter or
regulations adopted by the Board.

(n) Willful violation of the regulations adopted by the
State Board of Pharmacy.

Sec. 86. NRS 635.180 is hereby amended to
read as follows:

635.180 Except as otherwise provided in NRS 635.167, every
person who practices podiatry or as a podiatry hygienist without having
complied with the provisions of this chapter must be fined not more than
$10,000 for each offense .

each offense .[and may be required to pay all costs incurred by the Board
relating to the discipline of the person.]

Sec. 87. Chapter 636 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 88. NRS 636.105 is hereby amended to
read as follows:

636.105 1. The Executive Director shall make and keep:

(a)
A record of all meetings and proceedings of the Board.

(b)
A record of all prosecutions and violations of this chapter.

(c) A record of the results of all examinations of
applicants.

(d)
A register of all licensees.

(e)
An inventory of all property of the Board and all property of the State in the
Boards possession.

2.
[All]Except as otherwise provided in section 87 of this act, records
of the Board are subject to public inspection.

3. All records of the Board must be kept in the office
of the Board.

Sec. 89. NRS 636.325 is hereby amended to
read as follows:

636.325 1. Upon conclusion of the hearing, or waiver
thereof by the licensee against whom the charge is filed, the Board shall make
and announce its decision. If the Board determines that the allegations
included in the charge are true, it may[, in the exercise of
reasonable discretion,] take any one or more of the
following actions:

(a)
[Reprimand]Publicly reprimand the licensee;

(b)
Place the licensee on probation for a specified or unspecified period;

(c)
Suspend the licensee from practice for a specified or unspecified period;

(d) Revoke the licensees license; or

(e)
Impose an administrative fine pursuant to the provisions of NRS 636.420 .[and order the licensee to
pay any costs or fees incurred by the Board in connection with the hearing.]

The Board may, in connection with a reprimand, probation or
suspension, impose such other terms or conditions as it deems necessary.

2. If the Board determines that the allegations
included in the charge are false or do not warrant disciplinary action, it
shall dismiss the charge.

3. The
Board shall not privately reprimand a licensee.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 90. Chapter 637 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of the investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 91. NRS 637.085 is hereby amended to
read as follows:

637.085 1. Except as otherwise provided in subsection
2, and section 90 of this act, all
applications for licensure, any charges filed by the Board, financial records
of the Board, formal hearings on any charges heard by the Board or a panel
selected by the Board, records of the hearings and any order or decision of the
Board or panel must be open to the public.

2. [The]Except as otherwise provided in section 90 of this act, the following
may be kept confidential:

(a)
Any statement, evidence, credential or other proof submitted in support of or
to verify the contents of an application.

(b)
[All investigations and records of investigations.

(c)]
Any report concerning the fitness of any person to receive or hold a license to
practice ophthalmic dispensing.

[(d)](c) Any
communication between:

(1) The Board and any of its committees or
panels; and

(2)
The Board or its staff, investigators, experts, committees, panels, hearing
officers, advisory members or consultants and counsel for the Board.

[(e)](d) Any other
information or records in the possession of the Board.

3. This section does not prohibit the Board from
communicating or cooperating with any other licensing board or agency or any
agency which is investigating a licensee, including a law enforcement agency.

Sec. 92. NRS 637.150 is hereby amended to
read as follows:

637.150 1.
Upon proof to the satisfaction of the Board that an applicant or
holder of a license:

[1.](a) Has been
adjudicated insane;

[2.](b) Habitually uses
any controlled substance or intoxicant;

[3.](c) Has been
convicted of a crime involving moral turpitude;

[4.](d) Has been
convicted of violating any of the provisions of NRS 616D.200, 616D.220,
616D.240 or 616D.300 to 616D.440, inclusive;

[5.](e) Has advertised
in any manner which would tend to deceive, defraud or mislead the public;

[6.](f) Has presented to
the Board any diploma, license or certificate that has been signed or issued
unlawfully or under fraudulent representations, or obtains or has obtained a
license to practice in the State through fraud of any kind;

[7.](g) Has been
convicted of a violation of any federal or state law relating to a controlled
substance;

[8.](h) Has violated any
regulation of the Board;

[9.](i) Has violated any
provision of this chapter;

[10.](j) Is incompetent;

[11.](k) Is guilty of
unethical or unprofessional conduct as determined by the Board;

[12.](l) Is guilty of
repeated malpractice, which may be evidenced by claims of malpractice settled
against a practitioner; or

[13.](m) Is guilty of a
fraudulent or deceptive practice as determined by the Board,

the Board may, in the case of an applicant, refuse to grant
him a license, or may, in the case of a holder of a license, place him on
probation, reprimand him [privately or] publicly, require
him to pay an administrative fine of not more than $10,000, suspend or revoke
his license, or take any combination of these disciplinary actions.

him [privately or] publicly, require him to
pay an administrative fine of not more than $10,000, suspend or revoke his
license, or take any combination of these disciplinary actions.

2. The
Board shall not privately reprimand a holder of a license.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 93. Chapter 637A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 94. NRS 637A.290 is hereby amended to
read as follows:

637A.290 1. The holder of any license issued by the
Board whose default has been entered or who has been heard by the Board and
found guilty of the violation alleged in the complaint may be disciplined by
the Board by one or more of the following methods:

(a) Placing the licensee on probation for a period not
to exceed 2 years;

(b) Suspending the right of the licensee to practice,
or the right to use a license, for a period not to exceed 3 years;

(c) Revoking the license;

(d) Public [or private]
reprimand;

(e) Imposition of an administrative fine not to exceed
$5,000 upon a finding by the Board of more than one violation;

(f) [Requiring the licensee to pay the costs incurred by the Board
in investigating and disciplining the licensee;

(g)]
Requiring the licensee to pay restitution to any person who has suffered an economic
loss as a result of a violation of the provisions of this chapter or any
regulation adopted by the Board pursuant thereto; or

[(h)](g) Requiring the licensee to retake and pass
the examination or otherwise demonstrate that he is qualified and competent to
practice.

2. If a license is suspended, it must be surrendered
to the Board and returned to the licensee upon termination of the period of
suspension.

3. The
Board shall not issue a private reprimand.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 95. Chapter 637B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The complaint
or other document filed by the Board to initiate disciplinary action and all
documents and information considered by the Board when determining whether to
impose discipline are public records.

637B.280 1.
If, after the hearing, the Board determines that the applicant or
licensee has committed any act which constitutes grounds for disciplinary
action, the Board may ,
in the case of the applicant ,
refuse to issue a license, and in all other cases:

[1.](a) Refuse to renew a license;

[2.](b) Revoke a license;

[3.](c) Suspend a license for a definite time, not
to exceed 1 year;

[4.](d) Administer to the licensee a public [or
private] reprimand; or

[5.](e) Impose a civil
penalty not to exceed $1,000.

2. The
Board shall not administer a private reprimand.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 97. Chapter 638 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 98. NRS 638.087 is hereby amended to
read as follows:

638.087 1. The Board shall keep a record of:

(a) All charges filed against a licensee;

(b) The proceedings of any formal hearing conducted by
the Board or a hearing officer;

(c) Any order filed by the Board; and

(d) All licenses issued by the Board including the name
of the holder of the license, his business and residential addresses, the date
the license was issued and the serial number of the license.

2. [The]Except as otherwise provided in section 97 of this act, the records
of the Board listed in subsection 1 must be open to the public at reasonable
times and places.

Sec. 99. NRS 638.100 is hereby amended to
read as follows:

638.100 1. Any person who desires to secure a license
to practice veterinary medicine, surgery, obstetrics or dentistry in the State
of Nevada must make written application to the Executive Director of the Board.

2. The application must include the social security
number of the applicant and any other information required by the Board and
must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, has
received a diploma conferring the degree of doctor of veterinary medicine or
its equivalent from a school of veterinary medicine within the United States or
Canada or, if the applicant is a graduate of a school of veterinary medicine
located outside the United States or Canada, that he has received an
educational certificate issued after December 31, 1972, by the Educational [Committee
on]Commission
for Foreign Veterinary Graduates of the American Veterinary
Medical Association;

(c) Has passed each examination required by the Board
pursuant to NRS 638.110; and

(d) Is a citizen of the United States or is lawfully
entitled to remain and work in the United States.

3. A veterinary student in his final year at a school
accredited by the American Veterinary Medical Association may submit an
application to the Board and take the state examination administered by the
Board, but the Board may not issue him a license until he has complied with the
requirements of subsection 2.

4. The application must be signed by the applicant,
notarized and accompanied by a fee set by the Board, not to exceed $500.

5. The Board may refuse to issue a license upon
satisfactory proof that the applicant has committed an act which would be a
ground for disciplinary action if the applicant were a licensee.

[6. If an applicant brings a civil action against the Board
for denial of a license and the decision of the Board is upheld, the Board may
recover all administrative expenses and attorneys fees and costs incurred by
the Board in defending the action brought against it.]

Sec. 100. NRS 638.147 is hereby amended to
read as follows:

638.147 1.
If the Board determines that any applicant for a license or any
person licensed pursuant to this chapter has committed any of the acts which
are grounds for disciplinary action, the Board may:

[1.](a) Refuse to issue a license.

[2.](b) Refuse to renew a license.

[3.](c) Revoke a license.

[4.](d) Suspend a license for a definite period or
until further order of the Board.

[5.](e) Impose a fine in an amount not to exceed
$10,000 for each act which constitutes a ground for disciplinary action.

[6.](f) Place a licensee on probation subject to
any reasonable conditions imposed by the Board, including requiring courses in
continuing education or a periodic or continuous review of his practice.

[7.](g) Administer a public [or private reprimand.

8.]reprimand.

(h)
Limit the practice of the licensee to specified branches of veterinary
medicine.

[9.](i) Require the licensee to take a competency
examination or a mental or physical examination.

[10. Require the licensee to pay all costs incurred by the
Board in taking disciplinary action against the licensee.]

2. The
Board shall not administer a private reprimand.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 101. NRS 639.2485 is hereby amended to
read as follows:

639.2485 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation by the Board and any record of the investigation are
confidential .[until
the investigation is completed. Upon completion of the investigation the
information and records are public records, only if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

3. The
Board may disclose to a practitioner and a law enforcement agency information
concerning a person who procures or attempts to procure any dangerous drug or
controlled substance in violation of NRS 453.391 or 454.311.

[3.]4. If the Board receives a request or
subpoena for records or information obtained during an investigation by the
Board and the records or information is not made public pursuant to subsection [1,]2, the Board shall
notify the person regarding whom the investigation was made of the request or
subpoena. If that person does not consent in writing to the release of the
records or information, the Board may release the records or information only
upon the order of a court of competent jurisdiction.

Sec. 102. NRS 639.255 is hereby amended to
read as follows:

639.255 1. The holder of any certificate, license or
permit issued by the Board, whose default has been entered or who has been
heard by the Board and found guilty of the violations alleged in the
accusation, may be disciplined by the Board by one or more of the following
methods:

(a) Suspending judgment;

(b) Placing the certificate, license or permit holder
on probation;

(c) Suspending the right of a certificate holder to
practice, or the right to use any license or permit, for a period to be
determined by the Board;

(d) Revoking the certificate, license or permit;

(e) Public reprimand; or

(f) Imposition of a fine for each count of the
accusation, in accordance with the schedule of fines established pursuant to
subsection 3 . [;
or

(g) Requiring
the certificate, license or permit holder to pay all costs and attorneys fees
incurred by the Board relating to the discipline of the person.]

2. Such action by the Board is final, except that the
propriety of such action is subject to review upon questions of law by a court
of competent jurisdiction.

3. The Board shall , by regulation , establish a schedule of fines that may be
imposed pursuant to paragraph (f) of subsection 1. Each fine must be
commensurate with the severity of the applicable violation, but must not exceed
$10,000 for each violation.

4. The
Board shall not issue a private reprimand.

5. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 103. NRS 640.075 is hereby amended to
read as follows:

640.075 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation by the Board and any record of the investigation are
confidential . [until
the investigation is completed. Upon completion of the investigation the
information and records are public records, only if:

(a) Disciplinary action is imposed by the Board as a
result of the investigation; or

(b) The person regarding whom the investigation was
made submits a written request to the Board asking that the information and
records be made public records.]

2. The complaint or other document filed by the Board to
initiate disciplinary action and all documents and information considered by
the Board when determining whether to impose discipline are public records.

3. This
section does not prevent or prohibit the Board from communicating or
cooperating with another licensing board or any agency that is investigating a
licensee, including a law enforcement agency.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 104. NRS 640.160 is hereby amended to
read as follows:

640.160 1. The Board, after [due]
notice and hearing, and upon any ground enumerated in subsection 2, may take
one or more of the following actions:

(a) Refuse to issue a license or temporary license to
any applicant.

(b) Refuse to renew the license or temporary license of
any person.

(c) Suspend or revoke the license or temporary license
of any person.

(d) Place any person who has been issued a license or
temporary license on probation.

(e) Impose an administrative fine which does not exceed
$5,000 on any person who has been issued a license.

[(f) Require any person who has been issued a license to pay
all costs incurred by the Board relating to the discipline of the person.]

2. The Board may take action pursuant to subsection 1
if an applicant or person who has been licensed pursuant to this chapter:

(a) Is habitually drunk or is addicted to the use of a
controlled substance.

(b) Has been convicted of violating any state or
federal law relating to controlled substances.

(c) Is, in the judgment of the Board, guilty of immoral
or unprofessional conduct.

(d) Has been convicted of any crime involving moral
turpitude.

(e) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
inclusive.

(f) Is guilty, in the judgment of the Board, of gross
negligence in his practice as a physical therapist which may be evidenced by
claims of malpractice settled against a practitioner.

(g) Has obtained or attempted to obtain a license by
fraud or material misrepresentation.

(h) Has been declared insane by a court of competent
jurisdiction and has not thereafter been lawfully declared sane.

(i) Has entered into any contract or arrangement which
provides for the payment of an unearned fee to any person following his
referral of a patient.

(j) Has employed as a physical therapist any unlicensed
physical therapist or physical therapist whose license has been suspended.

(k) Has had his license to practice physical therapy
suspended, revoked or in any way limited by another jurisdiction.

(l) Is determined to be professionally incompetent by
the Board.

(m) Has violated any provision of this chapter or the
Boards regulations.

Sec. 105. NRS 640A.200 is hereby amended to
read as follows:

640A.200 1. The Board may, after notice and hearing, suspend,
revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose
conditions upon the use of that license, if the Board determines that the
holder of or applicant for the license is guilty of unprofessional conduct
which has endangered or is likely to endanger the public health, safety or
welfare.

therapist or occupational therapy assistant, or may impose
conditions upon the use of that license, if the Board determines that the
holder of or applicant for the license is guilty of unprofessional conduct
which has endangered or is likely to endanger the public health, safety or
welfare. The Board may reinstate a revoked license upon application by the
person to whom the license was issued not less than 1 year after the license is
revoked.

2. If the Board receives a report pursuant to
subsection 5 of NRS 228.420, a hearing must be held to consider the report
within 30 days after receiving the report.

3.An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

4. As
used in this section, unprofessional conduct includes:

(a) The obtaining of a license by fraud or through the
misrepresentation or concealment of a material fact;

(b) The conviction of any crime, except a misdemeanor
which does not involve moral turpitude; and

(c) The violation of any provision of this chapter or
regulation of the Board adopted pursuant to this chapter.

Sec. 106. NRS 640A.220 is hereby amended to
read as follows:

640A.220 [Any]

1. Except
as otherwise provided in this section, any records or information
obtained during the course of an investigation by the Board are confidential .[until the investigation
is completed. Upon completion of the investigation, the records and information
are public records if:

1. Disciplinary
action is imposed by the Board as a result of the investigation; or

2. The
person under investigation submits a written request to the Board asking that
the information and records be made]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 107. NRS 641.090 is hereby amended to
read as follows:

641.090 1. The Secretary-Treasurer shall make and
keep on behalf of the Board:

(a) A record of all its meetings and proceedings.

(b) A record of all violations and prosecutions under
the provisions of this chapter.

(c) A record of all examinations of applicants.

(d) A register of all licenses.

(e) A register of all holders of licenses.

(f) An inventory of the property of the Board and of
the State in the Boards possession.

2. These records must be kept in the office of the
Board and , except as otherwise
provided in NRS 641.255, are subject to public inspection during
normal working hours upon reasonable notice.

3. The Board may keep the personnel records of
applicants confidential.

Sec. 108. NRS 641.240 is hereby amended to
read as follows:

641.240 1.
If the Board, a panel of its members or a hearing officer
appointed by the Board finds the person guilty as charged in the complaint, it
may:

[7.](g) Suspend the
enforcement of any penalty by placing him on probation. The Board may revoke
the probation if the person does not follow any conditions imposed.

[8.](h) Require the
person to submit to the supervision of or counseling or treatment by a person
designated by the Board. The person named in the complaint is responsible for
any expense incurred.

[9.](i) Impose and
modify any conditions of probation for the protection of the public or the
rehabilitation of the probationer.

[10.](j) Require the
person to pay for the costs of remediation or restitution.

[11. Assess the costs of the disciplinary proceedings,
including any investigations.]

2. The
Board shall not administer a private reprimand.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 109. NRS 641.255 is hereby amended to
read as follows:

641.255 [All]

1. Except
as otherwise provided in subsection 2, all complaints filed with
the Board , all information
relating to a complaint and all information relating to an investigation
conducted to determine whether to initiate disciplinary action are
confidential, except to the extent necessary for the conduct of an investigation . [, until the Board
determines whether to proceed with any action authorized under this chapter. If
the Board proceeds with any action, confidentiality is no longer required.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 110. NRS 641A.191 is hereby amended to
read as follows:

641A.191 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation by the Board and any record of the investigation are
confidential .[until
the investigation is completed. Except as otherwise provided in NRS 641A.315,
upon completion of the investigation the information and records are public
records, only if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to the
Board asking that the information and records be made public records.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

3. This
section does not prohibit the Board from communicating or cooperating with any
other licensing board or agency or any agency which is investigating a
licensee, including a law enforcement agency.

641A.320 1.
The Board may discipline the holder of any license whose default
has been entered or who has been heard by the Board and found guilty, by any of
the following methods:

[1.](a) Placing him upon probation for a period to
be determined by the Board.

[2.](b) Suspending his license for not more than 1
year.

[3.](c) Revoking his license.

[4.](d) Administering a [private or]
public reprimand.

[5.](e) Limiting his practice.

[6.](f) Imposing an administrative fine of not
more than $5,000.

[7.](g) Requiring him to complete successfully
another examination.

[8. Requiring him to pay the costs incurred by the Board to
conduct the hearing.]

2. The
Board shall not administer a private reprimand.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 112. NRS 641B.430 is hereby amended to
read as follows:

641B.430 1. The defendant licensee must be accorded
the right to appear at the hearing of a complaint conducted by the Board in
person and through the representation of legal counsel. He must be given
adequate opportunity to confront the witnesses against him, testify and
introduce the testimony of witnesses in his behalf and submit arguments and
briefs in person or through his counsel. The Board shall make and announce its
decision as soon as practicable.

2. The failure of the person charged to attend his
hearing or defend himself must not delay and does not void the proceedings. The
Board may, for good cause shown, continue any hearing from time to time.

3. If the Board finds the person guilty as charged in
the complaint, it may by order:

(a) Place the person on probation for a specified
period or until further order of the Board.

(b) Administer to the person a public [or
private] reprimand.

(c) Limit the practice of the person to, or by
exclusion of, one or more specified branches of social work.

(d) Suspend the license of the person to practice
social work for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice social
work.

(f) Impose a fine of not more than $5,000, which must
be deposited with the State Treasurer for credit to the State General Fund.

[(g) Require the person to pay all costs incurred by the Board
relating to the discipline of the person.]

The order of the Board may contain other terms, provisions or
conditions as the Board deems proper and which are not inconsistent with law.

4. The
Board shall not administer a private reprimand.

5. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 113. NRS 641C.720 is hereby amended to
read as follows:

641C.720 1. The Board or any of its members who
become aware of any ground for initiating disciplinary action against a person
engaging in the practice of counseling alcohol and drug abusers in this state
shall, and any other person who is so aware may, file a written complaint
specifying the relevant facts with the Board.

relevant facts with the Board. The complaint must
specifically charge one or more of the grounds for initiating disciplinary
action.

2. As soon as practicable after the filing of the
complaint, the Board shall set a date for a hearing thereon. The date must not
be earlier than 30 days after the complaint is filed, except that the date may
be changed upon agreement of the parties. The Board shall immediately notify
the licensed or certified counselor or certified intern of the complaint and
the date and place set for the hearing. A copy of the complaint must be
attached to the notice.

3. The failure of the licensed or certified counselor
or certified intern to appear at the hearing does not delay or void the
proceeding.

4. The Board may, for good cause, continue a hearing
from time to time.

5. If, after notice and a hearing, the Board
determines that the licensed or certified counselor or certified intern has
violated a provision of this chapter or any regulation adopted pursuant to this
chapter, it may:

(a) Administer a public [or private]
reprimand;

(b) Suspend his license or certificate and impose
conditions for the removal of the suspension;

(c) Revoke his license or certificate and prescribe the
requirements for the reinstatement of the license or certificate;

(d) If he is a licensed or certified counselor, require
him to be supervised by another person while he engages in the practice of
counseling alcohol and drug abusers;

(e) Require him to participate in treatment or
counseling and pay the expenses of that treatment or counseling;

(f) Require him to pay restitution to any person
adversely affected by his acts or omissions;

(g) Impose a fine of not more than $5,000; or

(h) [Require him to pay the costs of the Board for the
investigation and hearing; or

(i)]
Take any combination of the actions authorized by paragraphs (a) to [(h),](g), inclusive.

6. If his license or certificate is revoked or
suspended pursuant to subsection 5, the licensed or certified counselor or
certified intern may apply to the Board for a rehearing within 10 days after
the license or certificate is revoked or suspended. The licensed or certified
counselor or certified intern may apply to the Board for reinstatement of his
revoked license or certificate not earlier than 1 year after the license or
certificate is revoked. The Board may accept or reject the application and may
require the successful completion of an examination as a condition of
reinstatement of the license or certificate.

7. The
Board shall not administer a private reprimand.

8. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 114. NRS 641C.760 is hereby amended to
read as follows:

641C.760 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation by the Board and any record of the investigation are
confidential .[until
the investigation is completed. Upon completion of the investigation, the
information and records are public records if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

3. If
the Board receives a request or subpoena for records or information obtained
during an investigation by the Board and the records or information is not made
public pursuant to subsection [1,]2, the Board shall notify
the person regarding whom the investigation was made of the request or subpoena.
If that person does not consent in writing to the release of the records or
information, the Board may release the records or information only upon the
order of a court of competent jurisdiction.

Sec. 115. Chapter 642 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 116. NRS 642.135 is hereby amended to
read as follows:

642.135 1.
If the Board determines that a person who is licensed to practice
the profession of embalming pursuant to this chapter has committed any of the
acts set forth in NRS 642.130, the Board may:

[1.](a) Refuse to renew his license;

[2.](b) Revoke his license;

[3.](c) Suspend his license for a definite period
or until further order of the Board;

[4.](d) Impose a fine of not more than $5,000 for
each act which constitutes a ground for disciplinary action;

[5.](e) Place him on probation for a definite
period subject to any reasonable conditions imposed by the Board;

[6.](f) Administer a public [or private reprimand;

7. Require
him to pay the costs incurred by the Board in taking disciplinary action
against him; or

8.]reprimand; or

(g)
Impose any combination of disciplinary actions set forth in this section.

2. The
Board shall not administer a private reprimand.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 117. NRS 642.473 is hereby amended to
read as follows:

642.473 1. If the Board determines that a person who
holds a funeral directors license, a permit to operate a funeral establishment
or a license to conduct direct cremations or immediate burials has committed
any of the acts set forth in NRS 642.470, the Board may:

(c) Suspend his license or permit for a definite period
or until further order of the Board;

(d) Impose a fine of not more than $5,000 for each act
that constitutes a ground for disciplinary action;

(e) Place him on probation for a definite period
subject to any reasonable conditions imposed by the Board;

(f) Administer a public [or private]
reprimand; or

(g) [Require him to pay the costs incurred by the Board in taking
disciplinary action against him; or

(h)]
Impose any combination of disciplinary actions set forth in paragraphs (a) to [(g),](f), inclusive.

2. Before the Board may refuse to renew, or suspend or
revoke a license or permit for any of the acts set forth in NRS 642.470, the
Board shall give at least 10 days notice in writing to the licensee or holder
of the permit. The notice must contain a brief statement of the reasons for the
proposed action of the Board and designate a time and place for a hearing
before any final action is taken.

3. The
Board shall not administer a private reprimand.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 118. Chapter 643 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 119. NRS 643.185 is hereby amended to
read as follows:

643.185 1. The following are grounds for disciplinary
action by the Board:

(a) Violation by any person licensed pursuant to the
provisions of this chapter of any provision of this chapter or the regulations
adopted by the Board.

(b) Conviction of a felony.

(c) Malpractice or incompetency.

(d) Continued practice by a person knowingly having an
infectious or contagious disease.

(e) Advertising, practicing or attempting to practice
under anothers name or trade name.

(f) Drunkenness or addiction to a controlled substance.

2. If the Board determines that a violation of this
section has occurred, it may:

(a) Refuse to issue or renew a license;

(b) Revoke or suspend a license; and

(c) Impose a fine of not more than $1,000 . [; and

(d) Require
the person to pay all costs incurred by the Board relating to the discipline of
the person.]

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 120. Chapter 644 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 121. NRS 644.080 is hereby amended to
read as follows:

644.080 The Board:

1. Shall prescribe the duties of its officers,
examiners and employees, and fix the compensation of those employees.

2. May establish offices in as many localities in the
State as it finds necessary to carry out the provisions of this chapter. All
records and files of the Board must be kept at the main office of the Board and , except as otherwise provided in
section 120 of this act, be open to public inspection at all
reasonable hours.

3. May adopt a seal.

4. May issue subpoenas to compel the attendance of
witnesses and the production of books and papers.

Sec. 122. NRS 644.430 is hereby amended to
read as follows:

644.430 1. The following are grounds for disciplinary
action by the Board:

(a) Failure of an owner of a cosmetological
establishment, a licensed aesthetician, cosmetologist, hair designer,
electrologist, instructor, manicurist, demonstrator of cosmetics or school of
cosmetology, or a cosmetologists apprentice to comply with the requirements of
this chapter or the applicable regulations adopted by the Board.

(b) Obtaining practice in cosmetology or any branch
thereof, for money or any thing of value, by fraudulent misrepresentation.

(c) Gross malpractice.

(d) Continued practice by a person knowingly having an
infectious or contagious disease.

(e) Drunkenness or the use or possession, or both, of a
controlled substance or dangerous drug without a prescription, while engaged in
the practice of cosmetology.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 123. Chapter 645 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commission
alleging a violation of this chapter, all documents and other information filed
with the complaint and all documents and other information compiled as a result
of an investigation conducted to determine whether to initiate disciplinary action
are confidential.

2. The
complaint or other document filed by the Commission to initiate disciplinary
action and all documents and information considered by the Commission when
determining whether to impose discipline are public records.

Sec. 124. NRS 645.180 is hereby amended to
read as follows:

645.180 1. The Division shall adopt a seal by which
it shall authenticate its proceedings.

2. [Records]Except as otherwise provided in section 123 of this act,
records kept in the office of the Division under authority of
this chapter are open to public inspection under regulations adopted by the [Real
Estate] Division, except that the Division may refuse to
make public, unless ordered to do so by a court:

(a) Real estate brokers and real estate salesmens
examinations; and

(b) [Files compiled by the Division while investigating possible
violations of this chapter or chapter 119 of NRS; and

(c)]
The criminal and financial records of licensees, applicants for licenses and
owner-developers.

3. Copies of all records and papers in the office of
the Division, certified and authenticated by the seal of the Division, must be
received in evidence in all courts equally and with like effect as the
originals.

Sec. 125. NRS 645.630 is hereby amended to
read as follows:

645.630 1.
The Commission may require a licensee, property manager or
owner-developer to pay an administrative fine of not more than $5,000 for each
violation he commits or suspend, revoke, deny the renewal of or place
conditions upon his license, permit or registration, or impose any combination
of those actions, at any time if the licensee, property manager or
owner-developer has, by false or fraudulent representation, obtained a license,
permit or registration, or the licensee, property manager or owner-developer,
whether or not acting as such, is found guilty of:

[1.](a) Making any material misrepresentation.

[2.](b) Making any false promises of a character
likely to influence, persuade or induce.

[3.](c) Accepting a commission or valuable
consideration as a real estate broker-salesman or salesman for the performance
of any of the acts specified in this chapter or chapter 119 or 119A of NRS from
any person except the licensed real estate broker with whom he is associated or
the owner-developer by whom he is employed.

[4.](d) Representing or attempting to represent a
real estate broker other than the broker with whom he is associated, without
the express knowledge and consent of the broker with whom he is associated.

[5.](e) Failing to maintain, for review and audit
by the Division, each brokerage agreement governed by the provisions of this
chapter and entered into by the licensee.

[6.](f) Failing, within a reasonable time, to
account for or to remit any money which comes into his possession and which
belongs to others.

[7.](g) If he is required to maintain a trust
account:

[(a)](1) Failing to balance the trust account at
least monthly; and

[(b)](2) Failing to submit to the Division an
annual accounting of the trust account as required in NRS 645.310.

[8.](h) Commingling the money or other property of
his clients with his own or converting the money of others to his own use.

[9.](i) In the case of a broker-salesman or
salesman, failing to place in the custody of his licensed broker or
owner-developer, as soon as possible, any deposit or other money or
consideration entrusted to him by any person dealing with him as the
representative of his licensed broker.

[10.](j) Accepting other than cash as earnest money
unless that fact is communicated to the owner before his acceptance of the
offer to purchase and that fact is shown in the receipt for the earnest money.

[11.](k) Upon acceptance of an agreement, in the
case of a broker, failing to deposit any check or cash received as earnest
money before the end of the next banking day unless otherwise provided in the
purchase agreement.

[12.](l) Inducing any party to a brokerage
agreement, sale or lease to break it in order to substitute a new brokerage
agreement, agreement of sale or lease with the same or another party if the
inducement to make the substitution is offered to secure personal gain to the
licensee or owner-developer.

[If discipline is imposed pursuant to this section, the costs
of the proceeding, including investigative costs and attorneys fees, may be
recovered by the Board.]

2. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 126. NRS 645.990 is hereby amended to
read as follows:

645.990 1. A person who:

(a) Obtains or attempts to obtain a license pursuant to
this chapter by means of intentional misrepresentation, deceit or fraud; or

(b) Sells or attempts to sell in this state any
interest in real property by means of intentional misrepresentation, deceit or
fraud,

is guilty of a category D felony and shall be punished as
provided in NRS 193.130. In addition to any other penalty, the court shall
order the person to pay restitution.

2. Any licensee, permittee or owner-developer who
commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished
by a fine of not more than $5,000 for each offense.

3. A person who violates any other provision of this
chapter, if a natural person, is guilty of a gross misdemeanor, and if a
limited-liability company, partnership, association or corporation, shall be
punished by a fine of not more than $2,500.

4. Any officer or agent of a corporation, or member or
agent of a limited-liability company, partnership or association, who
personally participates in or is an accessory to any violation of this chapter
by the limited-liability company, partnership,
association or corporation, is subject to the penalties prescribed in this
section for natural persons.

limited-liability company, partnership, association or
corporation, is subject to the penalties prescribed in this section for natural
persons.

5. The provisions of this section do not release a
person from civil liability or criminal prosecution pursuant to the general
laws of this state.

6. The Administrator may prefer a complaint for
violation of NRS 645.230 before any court of competent jurisdiction and may
take the necessary legal steps through the proper legal officers of this state
to enforce the provisions thereof.

7. Any court of competent jurisdiction may try any
violation of this chapter, and upon conviction, the court may revoke or suspend
the license of the person so convicted, in addition to imposing the other
penalties provided in this section.

[8. If discipline is imposed pursuant to this section, the
costs of the proceeding, including investigative costs and attorneys fees, may
be recovered by the Administrator.]

Sec. 127. Chapter 645A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commissioner,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of the investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Commissioner to initiate disciplinary
action and all documents and information considered by the Commissioner when determining
whether to impose discipline are public records.

Sec. 128. NRS 645A.050 is hereby amended to
read as follows:

645A.050 1. Subject to the administrative control of
the Director of the Department of Business and Industry, the Commissioner shall
exercise general supervision and control over escrow agents and agencies doing
business in the State of Nevada.

2. In addition to the other duties imposed upon him by
law, the Commissioner shall:

(a) Adopt such regulations as may be necessary for making
this chapter effective.

(b) Conduct or cause to be conducted each year an
examination of each escrow agency licensed pursuant to this chapter.

(c) Conduct such investigations as may be necessary to
determine whether any person has violated any provision of this chapter.

(d) Conduct such examinations, investigations and
hearings, in addition to those specifically provided for by law, as may be
necessary and proper for the efficient administration of the laws of this state
relating to escrow.

(e) Classify as confidential the financial statements
of an escrow agency and those records and information obtained by the Division
which:

(1) Are obtained from a governmental agency upon
the express condition that they remain confidential.

(2) [Consist]Except as otherwise provided in
section 127 of this act, consist of information compiled by the
Division in the investigation of possible violations of this chapter.

This paragraph does not limit examination by the Legislative
Auditor or any other person pursuant to a court order.

3. An escrow agency may engage a certified public
accountant to perform such an examination in lieu of the Division. In such a
case, the examination must be equivalent to the type of examination made by the
Division and the expense must be borne by the escrow agency being examined.

4. The Commissioner shall determine whether an
examination performed by an accountant pursuant to subsection 3 is equivalent
to an examination conducted by the Division. The Commissioner may examine any
area of the operation of an escrow agency if the Commissioner determines that
the examination of that area is not equivalent to an examination conducted by
the Division.

Sec. 129. NRS 645A.090 is hereby amended to
read as follows:

645A.090 1. The Commissioner may refuse to license
any escrow agent or agency or may suspend or revoke any license or impose a
fine of not more than $500 for each violation by entering an order to that
effect, with his findings in respect thereto, if upon a hearing, it is
determined that the applicant or licensee:

(a) In the case of an escrow agency, is insolvent;

(b) Has violated any provision of this chapter or any
regulation adopted pursuant thereto or has aided and abetted another to do so;

(c) In the case of an escrow agency, is in such a
financial condition that he cannot continue in business with safety to his
customers;

(d) Has committed fraud in connection with any
transaction governed by this chapter;

(e) Has intentionally or knowingly made any
misrepresentation or false statement to, or concealed any essential or material
fact from, any principal or designated agent of a principal in the course of
the escrow business;

(f) Has intentionally or knowingly made or caused to be
made to the Commissioner any false representation of a material fact or has
suppressed or withheld from the Commissioner any information which the applicant
or licensee possesses;

(g) Has failed without reasonable cause to furnish to
the parties of an escrow their respective statements of the settlement within a
reasonable time after the close of escrow;

(h) Has failed without reasonable cause to deliver,
within a reasonable time after the close of escrow, to the respective parties
of an escrow transaction any money, documents or other properties held in
escrow in violation of the provisions of the escrow instructions;

(i) Has refused to permit an examination by the
Commissioner of his books and affairs or has refused or failed, within a
reasonable time, to furnish any information or make any report that may be
required by the Commissioner pursuant to the provisions of this chapter;

(j) Has been convicted of a felony or any misdemeanor
of which an essential element is fraud;

(k) In the case of an escrow agency, has failed to
maintain complete and accurate records of all transactions within the last 6
years;

(l) Has commingled the money of others with his own or
converted the money of others to his own use;

(m) Has failed, before the close of escrow, to obtain
written escrow instructions concerning any essential or material fact or
intentionally failed to follow the written instructions which have been agreed
upon by the parties and accepted by the holder of the escrow;

(n) Has failed to disclose in writing that he is acting
in the dual capacity of escrow agent or agency and undisclosed principal in any
transaction; or

(o) In the case of an escrow agency, has:

(1) Failed to maintain adequate supervision of
an escrow agent; or

(2) Instructed an escrow agent to commit an act
which would be cause for the revocation of the escrow agents license and the
escrow agent committed the act. An escrow agent is not subject to disciplinary
action for committing such an act under instruction by the escrow agency.

2. It is sufficient cause for the imposition of a fine
or the refusal, suspension or revocation of the license of a partnership,
corporation or any other association that any member of the partnership or any
officer or director of the corporation or association has been guilty of any
act or omission which would be cause for such action had the applicant or
licensee been a natural person.

3. The Commissioner may suspend any license for not
more than 30 days, pending a hearing, if upon examination into the affairs of the
licensee it is determined that any of the grounds enumerated in subsection 1 or
2 exist.

4. The Commissioner may refuse to issue a license to
any person who, within 10 years before the date of applying for a current
license, has had suspended or revoked a license issued pursuant to this chapter
or a comparable license issued by any other state, district or territory of the
United States or any foreign country.

5. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 130. Chapter 645B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commissioner,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the
Commissioner to initiate disciplinary action and all documents and information
considered by the Commissioner when determining whether to impose discipline
arepublic records.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 131. NRS 645B.070 is hereby amended to
read as follows:

645B.070 1. In the conduct of any examination,
periodic or special audit, investigation or hearing, the Commissioner may:

(a) Compel the attendance of any person by subpoena.

(b) Administer oaths.

(c) Examine any person under oath concerning the
business and conduct of affairs of any person subject to the provisions of this
chapter and in connection therewith require the production of any books, records
or papers relevant to the inquiry.

2. Any person subpoenaed under the provisions of this
section who willfully refuses or willfully neglects to appear at the time and
place named in the subpoena or to produce books, records or papers required by
the Commissioner, or who refuses to be sworn or answer as a witness, is guilty
of a misdemeanor and shall be punished as provided in NRS 645B.950.

3. [The]In addition to the authority to recover attorneys fees and
costs pursuant to any other statute, the Commissioner may assess
against and collect from a person all costs, including, without limitation,
reasonable attorneys fees, that are attributable to any examination, periodic
or special audit, investigation or hearing that is conducted to examine or
investigate the conduct, activities or business of the person pursuant to this
chapter.

Sec. 132. NRS 645B.090 is hereby amended to
read as follows:

645B.090 1. Except as otherwise provided in this
section or by specific statute, all papers, documents, reports and other
written instruments filed with the Commissioner pursuant to this chapter are
open to public inspection.

2. Except as otherwise provided in subsection 3, the
Commissioner may withhold from public inspection or refuse to disclose to a
person, for such time as the Commissioner considers necessary, any information
that, in his judgment, would:

(a) Impede or otherwise interfere with an investigation
that is currently pending against a mortgage broker;

(b) Have an undesirable effect on the welfare of the
public or the welfare of any mortgage broker or mortgage agent; or

(c) Give any mortgage broker a competitive advantage
over any other mortgage broker.

3. [The]Except as otherwise provided in section 130 of this act, the
Commissioner shall disclose the following information concerning
a mortgage broker to any person who requests it:

(a) The findings and results of any investigation which
has been completed during the immediately preceding 5 years against the
mortgage broker pursuant to the provisions of this chapter and which has
resulted in a finding by the Commissioner that the mortgage broker committed a
violation of a provision of this chapter, a regulation adopted pursuant to this
chapter or an order of the Commissioner; and

(b) The nature of any disciplinary action that has been
taken during the immediately preceding 5 years against the mortgage broker
pursuant to the provisions of this chapter.

Sec. 133. NRS 645B.610 is hereby amended to
read as follows:

645B.610 1. If a person properly files a complaint
with the Commissioner pursuant to NRS 645B.600, the Commissioner shall
investigate each violation alleged in the complaint, unless the Commissioner
has previously investigated the alleged violation.

2. Except as otherwise provided in subsection 2 of NRS
645B.090, if the Commissioner does not conduct an investigation of an alleged
violation pursuant to subsection 1 because he previously has investigated the
alleged violation, the Commissioner shall provide to the person who filed the
complaint a written summary of the previous investigation and the nature of any
disciplinary action that was taken as a result of the previous investigation.

3. If the Commissioner conducts an investigation of an
alleged violation pursuant to subsection 1, the Commissioner shall determine
from the investigation whether there is reasonable cause to believe that the
person committed the alleged violation.

4. If, upon investigation, the Commissioner determines
that there is not reasonable cause to believe that the person committed the
alleged violation, the Commissioner shall provide the reason for his
determination, in writing, to the person who filed the
complaint and to the person alleged to have committed the violation.

to the person who filed the complaint and to the person
alleged to have committed the violation.

5. Except as otherwise provided in subsection 6, if,
upon investigation, the Commissioner determines that there is reasonable cause
to believe that the person committed the alleged violation, the Commissioner
shall:

(a) Schedule a hearing concerning the alleged
violation;

(b) Mail to the last known address of the person who
filed the complaint written notice that must include, without limitation:

(1) The date, time and place of the hearing; and

(2) A statement of each alleged violation that
will be considered at the hearing; and

(c) By personal service in accordance with the Nevada
Rules of Civil Procedure and any applicable provision of NRS, serve written notice
of the hearing to the person alleged to have committed the violation. The
written notice that is served pursuant to this paragraph must include, without
limitation:

(1) The date, time and place of the hearing;

(2) A copy of the complaint and a statement of
each alleged violation that will be considered at the hearing; and

(3) A statement informing the person that,
pursuant to NRS 645B.760, if he fails to appear, without reasonable cause, at
the hearing:

(I) He is guilty of a misdemeanor; and

(II) The Commissioner is authorized to
conduct the hearing in his absence, draw any conclusions that the Commissioner
deems appropriate from his failure to appear and render a decision concerning
each alleged violation.

6. [The Commissioner is not required to schedule or conduct a
hearing concerning an alleged violation pursuant to subsection 5 if the
Commissioner and the person alleged to have committed the violation enter]If the Commissioner enters into
a written consent agreement settling or resolving the alleged violation , [. If such a written
consent agreement is executed,] the Commissioner shall
provide a copy of the written consent agreement to the person who filed the
complaint.

7. The Commissioner may:

(a) Investigate and conduct a hearing concerning any
alleged violation, whether or not a complaint has been filed.

(b) Hear and consider more than one alleged violation
against a person at the same hearing.

Sec. 134. Chapter 645C of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commission,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Commission to initiate disciplinary
action and all documents and information considered by the Commission when
determining whether to impose discipline are public records.

(a) Persons whose applications for a certificate,
license or registration card have been denied;

(b) Investigations conducted by it which result in the
initiation of formal disciplinary proceedings;

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section, and section 134 of this act, records
kept in the office of the Division pursuant to this chapter are open to the
public for inspection pursuant to regulations adopted by the Commission. The
Division may keep confidential, unless otherwise ordered by a court:

(a) Examinations for a certificate or license; and

(b) [Information obtained by the Division while investigating
alleged violations of this chapter; and

(c)]
The criminal and financial records of an appraiser or intern, or an applicant
for a certificate, license or registration card.

Sec. 136. NRS 645C.460 is hereby amended to
read as follows:

645C.460 1. Grounds for disciplinary action against a
certified or licensed appraiser or registered intern include:

(a) Unprofessional conduct;

(b) Professional incompetence;

(c) A criminal conviction for a felony or any offense
involving moral turpitude; and

(d) The suspension or revocation of a registration
card, certificate, license or permit to act as an appraiser in any other
jurisdiction.

2. If grounds for disciplinary action against an
appraiser or intern exist, the Commission may do one or more of the following:

(a) Revoke or suspend his certificate, license or
registration card.

(b) Place conditions upon his certificate, license or
registration card, or upon the reissuance of a certificate, license or
registration card revoked pursuant to this section.

(c) Deny the renewal of his certificate, license or
registration card.

(d) Impose a fine of not more than $1,000 for each
violation.

3. If a certificate, license or registration card is
revoked by the Commission, another certificate, license or registration card
must not be issued to the same appraiser or intern for at least 1 year after
the date of the revocation, or at any time thereafter except in the sole
discretion of the Administrator, and then only if the appraiser or intern
satisfies all the requirements for an original certificate, license or
registration card.

4. [If discipline is imposed pursuant to this section, the costs
of the proceeding, including investigative costs and attorneys fees, may be
recovered by the Commission.] An order that imposes discipline and the findings of fact
and conclusions of law supporting that order are public records.

Sec. 137. Chapter 645D of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Division, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Division to initiate disciplinary
action and all documents and information considered by the Division when
determining whether to impose discipline are public records.

Sec. 138. NRS 645D.130 is hereby amended to
read as follows:

645D.130 1. The Division shall maintain a record of:

(a) Persons from whom it receives applications for a
certificate;

(b) Investigations conducted by it that result in the
initiation of formal disciplinary proceedings;

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section [,]and section 137 of this act, records
kept in the office of the Division pursuant to this chapter are open to the
public for inspection pursuant to regulations adopted by the Division. The
Division shall keep confidential, unless otherwise ordered by a court[:

(a) Information
obtained by the Division while investigating alleged violations of this
chapter; and

(b) The], the criminal and
financial records of an inspector or of an applicant for a certificate.

(c) A criminal conviction for a felony or any offense involving
moral turpitude.

2. If grounds for disciplinary action against a
certified inspector exist, the Division may, after providing the inspector with
notice and an opportunity for a hearing, do one or more of the following:

(a) Revoke or suspend his certificate.

(b) Place conditions upon his certificate or upon the
reissuance of a certificate revoked pursuant to this section.

(c) Deny the renewal of his certificate

(d)
Impose a fine of not more than $1,000 for each violation.

3. If a certificate is revoked by the Division,
another certificate must not be issued to the same inspector for at least 1
year after the date of the revocation, or at any time thereafter except in the
sole discretion of the Administrator, and then only if the inspector satisfies
the requirements for an original certificate.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 140. Chapter 645E of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commissioner,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Commissioner to initiate disciplinary
action and all documents and information considered by the Commissioner when determining whether to impose
discipline are public records.

by the Commissioner
when determining whether to impose discipline are public records.

Sec. 141. NRS 645E.310 is hereby amended to
read as follows:

645E.310 1. In the conduct of any examination,
periodic or special audit, investigation or hearing, the Commissioner may:

(a) Compel the attendance of any person by subpoena.

(b) Administer oaths.

(c) Examine any person under oath concerning the
business and conduct of affairs of any person subject to the provisions of this
chapter and , in
connection therewith ,
require the production of any books, records or papers relevant to the inquiry.

2. Any person subpoenaed under the provisions of this
section who willfully refuses or willfully neglects to appear at the time and
place named in the subpoena or to produce books, records or papers required by
the Commissioner, or who refuses to be sworn or answer as a witness, is guilty
of a misdemeanor.

3. [The]In addition to the authority to recover attorneys fees and
costs pursuant to any other statute, the Commissioner may assess
against and collect from a person all costs, including, without limitation,
reasonable attorneys fees, that are attributable to any examination, periodic
or special audit, investigation or hearing that is conducted to examine or
investigate the conduct, activities or business of the person pursuant to this
chapter.

Sec. 142. NRS 645E.670 is hereby amended to
read as follows:

645E.670 1. For each violation committed by an
applicant, whether or not he is issued a license, the Commissioner may impose
upon the applicant an administrative fine of not more than $10,000, if the
applicant:

(a) Has knowingly made or caused to be made to the
Commissioner any false representation of material fact;

(b) Has suppressed or withheld from the Commissioner
any information which the applicant possesses and which, if submitted by him,
would have rendered the applicant ineligible to be licensed pursuant to the
provisions of this chapter; or

(c) Has violated any provision of this chapter, a
regulation adopted pursuant to this chapter or an order of the Commissioner in
completing and filing his application for a license or during the course of the
investigation of his application for a license.

2. For each violation committed by a licensee, the
Commissioner may impose upon the licensee an administrative fine of not more
than $10,000, may suspend, revoke or place conditions upon his license, or may
do both, if the licensee, whether or not acting as such:

(a) Is insolvent;

(b) Is grossly negligent or incompetent in performing
any act for which he is required to be licensed pursuant to the provisions of
this chapter;

(c) Does not conduct his business in accordance with
law or has violated any provision of this chapter, a regulation adopted
pursuant to this chapter or an order of the Commissioner;

(d) Is in such financial condition that he cannot
continue in business with safety to his customers;

(e) Has made a material misrepresentation in connection
with any transaction governed by this chapter;

(f) Has suppressed or withheld from a client any
material facts, data or other information relating to any transaction governed
by the provisions of this chapter which the licensee knew
or, by the exercise of reasonable diligence, should have known;

this chapter which the licensee knew or, by the exercise of
reasonable diligence, should have known;

(g) Has knowingly made or caused to be made to the
Commissioner any false representation of material fact or has suppressed or
withheld from the Commissioner any information which the licensee possesses and
which, if submitted by him, would have rendered the licensee ineligible to be
licensed pursuant to the provisions of this chapter;

(h) Has failed to account to persons interested for all
money received for a trust account;

(i) Has refused to permit an examination by the
Commissioner of his books and affairs or has refused or failed, within a
reasonable time, to furnish any information or make any report that may be
required by the Commissioner pursuant to the provisions of this chapter or a
regulation adopted pursuant to this chapter;

(j) Has been convicted of, or entered a plea of nolo
contendere to, a felony or any crime involving fraud, misrepresentation or
moral turpitude;

(k) Has refused or failed to pay, within a reasonable
time, any fees, assessments, costs or expenses that the licensee is required to
pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

(l) Has failed to satisfy a claim made by a client
which has been reduced to judgment;

(m) Has failed to account for or to remit any money of
a client within a reasonable time after a request for an accounting or
remittal;

(n) Has commingled the money or other property of a
client with his own or has converted the money or property of others to his own
use; or

(o) Has engaged in any other conduct constituting a
deceitful, fraudulent or dishonest business practice.

3. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 143. NRS 648.034 is hereby amended to
read as follows:

648.034 1. [Any]Except as otherwise provided in
this section, any records or information obtained during the
course of an investigation of a licensee by the Board and any record of the
investigation are confidential .[until the investigation is completed. Upon completion of the
investigation the information and records are public records, only if:

(a) Disciplinary
action is imposed by the Board as a result of the investigation; or

(b) The
person regarding whom the investigation was made submits a written request to
the Board asking that the information and records be made public records.]

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

3. This
section does not prevent or prohibit the Board from communicating or
cooperating with another licensing board or any agency that is investigating a
licensee, including a law enforcement agency.

Sec. 144. NRS 648.175 is hereby amended to
read as follows:

648.175 1.
If, after a hearing, the Board finds that cause exists, the Board
may:

[1.](a) Revoke the license of the licensee.

[2.](b) Suspend the license of the licensee for
not more than 1 year for each violation.

[4.](d) Suspend an order authorized by this
section upon such terms and conditions as the Board considers appropriate.

[5.](e) Place the licensee on probation for not
more than 2 years upon such terms and conditions as the Board considers
appropriate.

[6. Publicly or privately]

(f) Publicly
reprimand the licensee.

[7.](g) Affirm, modify or vacate the penalty
imposed by a notice of violation.

[8. Require the licensee to pay all costs incurred by the
Board relating to the discipline of the licensee.]

2. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 145. Chapter 649 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Commissioner,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Commissioner to initiate disciplinary
action and all documents and information considered by the Commissioner when
determining whether to impose discipline are public records.

Sec. 146. NRS 649.395 is hereby amended to
read as follows:

649.395 1. The Commissioner may impose an administrative
fine, not to exceed $500 for each violation, or suspend or revoke the license
of a collection agency, or both impose a fine and suspend or revoke the
license, by an order made in writing and filed in his office and served on the
licensee by registered or certified mail at the address shown in the records of
the Commissioner, if:

(a) The licensee is adjudged liable in any court of law
for breach of any bond given under the provisions of this chapter; or

(b) After notice and hearing, the licensee is found
guilty of:

(1) Fraud or misrepresentation;

(2) An act or omission inconsistent with the
faithful discharge of his duties and obligations; or

(3) A violation of any provision of this
chapter.

2. The Commissioner may suspend or revoke the license
of a collection agency without notice and hearing if:

(a) The suspension or revocation is necessary for the
immediate protection of the public; and

(b) The licensee is afforded a hearing to contest the
suspension or revocation within 20 days after the written order of suspension
or revocation is served upon the licensee.

3. Upon revocation of his license, all rights of the
licensee under this chapter terminate, and no application may be received from
any person whose license has once been revoked.

4. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 147. Chapter 652 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board
to initiate disciplinary action and all documents and information considered by
the Board when determining whether to impose discipline are public records.

3. An order that imposes discipline and the
findings of fact and conclusions of law supporting that order are public
records.

Sec. 148. Chapter 654 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The
complaint or other document filed by the Board to initiate disciplinary action
and all documents and information considered by the Board when determining
whether to impose discipline are public records.

Sec. 149. NRS 654.110 is hereby amended to
read as follows:

654.110 1. The Board shall:

(a) Develop, impose and enforce standards which must be
met by persons to receive licenses as nursing facility administrators or
administrators of residential facilities for groups. The standards must be
designed to ensure that nursing facility administrators or persons acting as
administrators of residential facilities for groups will be persons who are of
good character and otherwise suitable, and who, by training or experience in
their respective fields of administering health care facilities, are qualified
to serve as nursing facility administrators or administrators of residential
facilities for groups.

(b) Develop and apply appropriate techniques, including
examinations and investigations, for determining whether a person meets those
standards.

(c) Issue licenses to persons determined, after the
application of appropriate techniques, to meet those standards.

(d) Revoke or suspend licenses previously issued by the
Board in any case if the person holding the license is determined substantially
to have failed to conform to the requirements of the standards.

(e) Establish and carry out procedures designed to
ensure that persons licensed as nursing facility administrators or
administrators of residential facilities for groups will, during any period
they serve as such, comply with the requirements of the standards.

(f) Receive, investigate and take appropriate action
with respect to any charge or complaint filed with the Board to the effect that
any person licensed as a nursing facility administrator or an administrator of
a residential facility for groups has failed to comply with the requirements of
the standards. The Board shall initiate an investigation of any charge or
complaint filed with the Board within 30 days after receiving the charge or
complaint.

(1) Facilities for skilled nursing, facilities
for intermediate care and their administrators; and

(2) Residential facilities for groups and their
administrators,

with a view to the improvement of the standards imposed for
the licensing of administrators and of procedures and methods for the
enforcement of the standards.

(h) Conduct or approve, or both, a program of training
and instruction designed to enable all persons to obtain the qualifications
necessary to meet the standards set by the Board for qualification as a nursing
facility administrator or an administrator of a residential facility for
groups.

2. All the records kept by the Board, not otherwise
privileged[,]or confidential, are
public records.

Sec. 150. NRS 654.190 is hereby amended to
read as follows:

654.190 1. The Board may, after notice and hearing,
impose an administrative fine of not more than $2,500 on and suspend or revoke
the license of any nursing facility administrator or administrator of a
residential facility for groups who:

(a) Is convicted of a felony, or of any offense
involving moral turpitude.

(b) Has obtained his license by the use of fraud or deceit.

(c) Violates any of the provisions of this chapter.

(d) Aids or abets any person in the violation of any of
the provisions of NRS 449.001 to 449.240, inclusive, as those provisions
pertain to a facility for skilled nursing, facility for intermediate care or
residential facility for groups.

(e) Violates any regulation of the Board prescribing
additional standards of conduct for nursing facility administrators or
administrators of residential facilities for groups.

2. The Board shall give a licensee against whom
proceedings are brought pursuant to this section written notice of a hearing
not less than 10 days before the date of the hearing.

3. [If discipline is imposed pursuant to this section, the costs
of the proceeding, including investigative costs and attorneys fees, may be
recovered by the Board.] An order that imposes discipline and the findings of fact
and conclusions of law supporting that order are public records.

Sec. 151. Chapter 656 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except
as otherwise provided in this section, a complaint filed with the Board, all
documents and other information filed with the complaint and all documents and
other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board
to initiate disciplinary action and all documents and information considered by
the Board when determining whether to impose discipline are publicrecords.

3. An order
that imposes discipline and the findings of fact and conclusions of law
supporting that order are public records.

Sec. 152. NRS 7.085 is hereby amended to read
as follows:

7.085 1.
If a court finds that an attorney has:

[1.](a) Filed, maintained or defended a civil
action or proceeding in any court in this state and such action or defense is
not well-grounded in fact or is not warranted by existing law or by an argument
for changing the existing law that is made in good faith; or

[2.](b) Unreasonably and vexatiously extended a
civil action or proceeding before any court in this state,

the court shall require the attorney personally to pay the
additional costs, expenses and attorneys fees reasonably incurred because of
such conduct.

2. The
court shall liberally construe the provisions of this section in favor of
awarding costs, expenses and attorneys fees in all appropriate situations. It
is the intent of the Legislature that the court award costs, expenses and
attorneys fees pursuant to this section and impose sanctions pursuant to Rule
11 of the Nevada Rules of Civil Procedure in all appropriate situations to
punish for and deter frivolous or vexatious claims and defenses because such
claims and defenses overburden limited judicial resources, hinder the timely
resolution of meritorious claims and increase the costs of engaging in business
and providing professional services to the public.

Sec. 153. NRS 18.010 is hereby amended to
read as follows:

18.010 1. The compensation of an attorney and
counselor for his services is governed by agreement, express or implied, which
is not restrained by law.

2. In addition to the cases where an allowance is
authorized by specific statute, the court may make an allowance of attorneys
fees to a prevailing party:

(a) When he has not recovered more than $20,000; or

(b) Without regard to the recovery sought, when the
court finds that the claim, counterclaim, cross-claim or third-party complaint
or defense of the opposing party was brought or maintained without reasonable ground or to
harass the prevailing party. The
court shall liberally construe the provisions of this paragraph in favor of
awarding attorneys fees in all appropriate situations. It is the intent of the
Legislature that the court award attorneys fees pursuant to this paragraph and
impose sanctions pursuant to Rule 11 of the Nevada Rules of Civil Procedure in
all appropriate situations to punish for and deter frivolous or vexatious
claims and defenses because such claims and defenses overburden limited
judicial resources, hinder the timely resolution of meritorious claims and
increase the costs of engaging in business and providing professional services
to the public.

3. In awarding attorneys fees, the court may
pronounce its decision on the fees at the conclusion of the trial or special
proceeding without written motion and with or without presentation of
additional evidence.

4. Subsections 2 and 3 do not apply to any action
arising out of a written instrument or agreement which entitles the prevailing
party to an award of reasonable attorneys fees.

Sec. 154. NRS 41A.081 is hereby amended to
read as follows:

41A.081 1. In an action for medical malpractice or
dental malpractice, all the parties to the action, the insurers of the
respective parties and the attorneys of the respective parties shall attend and
participate in a settlement conference before a district judge, other than the
judge assigned to the action, to ascertain whether the action may be settled by
the parties before trial.

2. The judge before whom the settlement conference is
held:

(a) May, for good cause shown, waive the attendance of
any party.

(b) Shall decide what information the parties may
submit at the settlement conference.

3. The judge shall notify the parties of the time and
place of the settlement conference.

4. The failure of any party, his insurer or his
attorney to participate in good faith in the settlement conference is grounds
for sanctions , including, without
limitation, monetary sanctions, against the party or his
attorney, or both. The judges of
the district courts shall liberally construe the provisions of this subsection
in favor of imposing sanctions in all appropriate situations. It is the intent
of the Legislature that the judges of the district courts impose sanctions
pursuant to this subsection in all appropriate situations to punish for and
deter conduct which is not undertaken in good faith because such conduct overburdens
limited judicial resources, hinders the timely resolution of meritorious claims
and increases the costs of engaging in business and providing professional
services to the public.

Secs. 155 and 156. (Deleted by amendment.)

Sec. 157. Chapter 690B of NRS is hereby
amended by adding thereto the provisions set forth as sections 158 to 175,
inclusive, of this act.

Sec. 158.As used in sections 158 to 165, inclusive, of this act,
unless the context otherwise requires, the words and terms defined in sections
159 to 162, inclusive, of this act have the meanings ascribed to them in those
sections.

Sec. 159. Claims-made policy means a policy of professional
liability insurance that provides coverage only for claims that arise from
incidents or events which occur while the policy is in force and which are
reported to the insurer while the policy is in force.

Sec. 160. Extended reporting endorsement means an endorsement to a
claims-made policy which requires the payment of a separate premium and which
provides coverage for claims that arise from incidents or events which occur
while the claims-made policy is in force but which are reported to the insurer
after the claims-made policy is terminated.

Sec. 162.Professional liability insurance means a policy of
insurance covering the liability of a practitioner for a breach of his
professional duty toward a patient.

Sec. 163. 1. If an insurer offers to issue a claims-made policy to a
practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS, the
insurer shall:

(a) Offer to
issue to the practitioner an extended reporting endorsement without a time
limitation for reporting a claim.

(b) Disclose to
the practitioner the premium for the extended reporting endorsement and the
cost formula that the insurer uses to determine the premium for the extended
reporting endorsement.

(c) Disclose to
the practitioner the portion of the premium attributable to funding the extended
reporting endorsement offered at no additional cost to the practitioner in the
event of the practitioners death, disability or retirement, if such a benefit
is offered.

(d) Disclose to
the practitioner the vesting requirements for the extended reporting
endorsement offered at no additional cost to the practitioner in the event of
the practitioners death or retirement, if such a benefit is offered. If such a
benefit is not offered, the absence of such a benefit must be disclosed.

(e) Include,
as part of the insurance contract, language which must be approved by the
Commissioner and which must be substantially similar to the following:

If we adopt any revision that would broaden the coverage
under this policy without any additional premium either within the policy
period or within 60 days before the policy period, the broadened coverage will
immediately apply to this policy.

2. The
disclosures required by subsection 1 must be made as part of the offer and
acceptance at the inception of the policy and again at each renewal in the form
of an endorsement attached to the insurance contract and approved by the Commissioner.

3. The
requirements set forth in this section are in addition to the requirements set
forth in section 12 of Senate Bill No. 122 of this session.

Sec. 164.1. In each rating plan of an insurer that issues a policy
of professional liability insurance to a practitioner licensed pursuant to
chapter 630 or 633 of NRS, the insurer shall provide for a reduction in the
premium for the policy if the practitioner implements a qualified risk
management system. The amount of the reduction in the premium must be
determined by the Commissioner in accordance with the applicable standards for
rates established in NRS 686B.010 to 686B.1799, inclusive.

2. A qualified
risk management system must comply with all requirements established by the
Commissioner.

3. The
Commissioner shall adopt regulations to:

(a) Establish
the requirements for a qualified risk management system; and

(b) Carry out
the provisions of this section.

4. The
provisions of this section apply to all rating plans which an insurer that issues
a policy of professional liability insurance to a practitioner licensed
pursuant to chapter 630 or 633 of NRS files with the Commissioner on and after
the effective date of the regulations adopted by the Commissioner pursuant to
this section.

Sec. 165.1. On an annual basis, the Commissioner shall, pursuant to
subsection 1 of NRS 680A.290, request each insurer that issues a policy of
professional liability insurance to a practitioner licensed pursuant to chapter
630 or 633 of NRS to submit to the Commissioner an annual report on its loss
prevention and control programs.

2. Not later
than 90 days after the Commissioner receives the annual reports from those
insurers, the Commissioner shall submit his report on the loss prevention and
control programs of those insurers, along with any recommendations, to the
Director of the Legislative Counsel Bureau for transmittal to members of the
Legislature.

Secs. 166-175. (Deleted
by amendment.)

Sec. 176.NRS 690B.045 is hereby
amended to read as follows:

690B.045 Except as more is required in NRS 630.3067
and 633.526:

1. Each insurer which issues a policy of insurance
covering the liability of a practitioner licensed pursuant to chapters 630 to
640, inclusive, of NRS for a breach of his professional duty toward a patient
shall report to the board which licensed the practitioner within [30]45 days each
settlement or award made or judgment rendered by reason of a claim, if the
settlement, award or judgment is for more than $5,000,
giving the name and address of the claimant and the practitioner and the
circumstances of the case.

judgment is for more than $5,000, giving the name and address
of the claimant and the practitioner and the circumstances of the case.

2. A practitioner licensed pursuant to chapters 630 to
640, inclusive, of NRS who does not have insurance covering liability for a
breach of his professional duty toward a patient shall report to the board
which issued his license within [30]45 days of each settlement or award made or
judgment rendered by reason of a claim, if the settlement, award or judgment is
for more than $5,000, giving his name and address, the name and address of the
claimant and the circumstances of the case.

3. These reports are
public records and must be made available for public inspection within a
reasonable time after they are received by the licensing board.

Sec. 177.NRS 690B.050 is hereby
amended to read as follows:

690B.050 1. Each insurer which issues a policy of
insurance covering the liability of a physician licensed under chapter 630 of
NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach
of his professional duty toward a patient shall report to the Commissioner
within [30]45 days each settlement or award made or
judgment rendered by reason of a claim, giving the name and address of the
claimant and physician and the circumstances of the case.

2. The Commissioner shall report to the Board of
Medical Examiners or the state board of osteopathic medicine, as applicable,
within 30 days after receiving the report of the insurer, each claim made and
each settlement, award or judgment.

Secs. 178 and 179. (Deleted by amendment.)

Sec. 180.Section 1 of Senate Bill No. 133
of this session is hereby amended to read as follows:

Section 1. Chapter 630 of NRS is hereby amended by adding
thereto a new section to read as follows:

1. Except as otherwise provided in NRS 630.161, the
Board may issue a restricted license to a person who intends to practice
medicine in this state as a psychiatrist in a mental health center of the
Division under the direct supervision of a psychiatrist who holds an unrestricted
license to practice medicine pursuant to this chapter.

2. A person who applies for a restricted license
pursuant to this section is not required to take or pass a written examination
as to his qualifications to practice medicine pursuant to paragraph (e) of
subsection 2 of NRS 630.160, but the person must meet all other conditions and
requirements for an unrestricted license to practice medicine pursuant to this
chapter.

3. If the Board issues a restricted license
pursuant to this section, the person who holds the restricted license may
practice medicine in this state only as a psychiatrist in a mental health
center of the Division and only under the direct supervision of a psychiatrist
who holds an unrestricted license to practice medicine pursuant to this
chapter.

4. If a person who holds a restricted license
issued pursuant to this section ceases to practice medicine in this state as a
psychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of such notification, the
restricted license expires automatically.

5. The Board may renew or modify a restricted
license issued pursuant to this section, unless the restricted license has
expired automatically or has been revoked.

6. [Each person who holds a
restricted license issued pursuant to this section and who accepts the
privilege of practicing medicine in this state pursuant to the provisions of
the restricted license shall be deemed to have given his consent to the
revocation of the restricted license at any time by the Board for any of the
grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive, or for any
violation of the provisions of this section.

7.] The provisions of this section do not limit the authority
of the Board to issue a restricted license to an applicant in accordance with
any other provision of this chapter.

[8.] 7. As used in this section:

(a) Division means the Division of Mental Health
and Developmental Services of the Department of Human Resources.

(b) Mental health center has the meaning ascribed
to it in NRS 433.144.

Sec. 181.Section 9 of Senate Bill No. 139
of this session is hereby amended to read as follows:

Sec. 9. NRS 645.630 is hereby
amended to read as follows:

645.630 1. The Commission may require a licensee,
property manager or owner-developer to pay an administrative fine of not more
than $5,000 for each violation he commits or suspend, revoke, deny the renewal
of or place conditions upon his license, permit or registration, or impose any
combination of those actions, at any time if the licensee, property manager or
owner-developer has, by false or fraudulent representation, obtained a license,
permit or registration, or the licensee, property manager or owner-developer,
whether or not acting as such, is found guilty of:

(a) Making any material misrepresentation.

(b) Making any false promises of a character likely to
influence, persuade or induce.

(c) Accepting a commission or valuable consideration as
a real estate broker-salesman or salesman for the performance of any of the
acts specified in this chapter or chapter 119 or 119A of NRS from any person
except the licensed real estate broker with whom he is associated or the
owner-developer by whom he is employed.

(d) Representing or attempting to represent a real
estate broker other than the broker with whom he is associated, without the express
knowledge and consent of the broker with whom he is associated.

(e) Failing to maintain, for review and audit by the
Division, each brokerage agreement and
property management agreement governed by the provisions of this
chapter and entered into by the licensee.

(f) Failing, within a reasonable time, to account for
or to remit any money which comes into his possession and which belongs to
others.

(g) If he is required to maintain a trust account:

(1) Failing to balance the trust account at
least monthly; and

(2) Failing to submit to the Division an annual
accounting of the trust account as required in NRS 645.310.

(h) Commingling the money or other property of his
clients with his own or converting the money of others to his own use.

(i) In the case of a broker-salesman or salesman,
failing to place in the custody of his licensed broker or owner-developer, as
soon as possible, any deposit or other money or consideration entrusted to him
by any person dealing with him as the representative of his licensed broker.

(j) Accepting other than cash as earnest money unless
that fact is communicated to the owner before his acceptance of the offer to
purchase and that fact is shown in the receipt for the earnest money.

(k) Upon acceptance of an agreement, in the case of a
broker, failing to deposit any check or cash received as earnest money before
the end of the next banking day unless otherwise provided in the purchase
agreement.

(l) Inducing any party to a brokerage agreement, property management agreement, agreement
of sale or lease to break it in order to substitute a new
brokerage agreement, property
management agreement, agreement of sale or lease with the same or
another party if the inducement to make the substitution is offered to secure
personal gain to the licensee or owner-developer.

2. An order that imposes discipline and the findings
of fact and conclusions of law supporting that order are public records.

Sec. 182.Section 7 of Senate Bill No. 332
of this session is hereby amended to read as follows:

Sec. 7. 1. The Board shall
maintain a website on the Internet or its successor.

2. Except as otherwise provided in this section, the Board and
its members and employees shall not place any information on the website
maintained by the Board unless the Board, at a regular meeting, approves the
placement of the information on the website.

3. The Board shall place on the
website [:] , without having to approve the placement at a meeting:

(a) Each application form for the
issuance or renewal of a license issued by the Board pursuant to this chapter .[; and]

(b) A list of questions that are
frequently asked concerning the processes of the Board and the answers to those
questions.

(c) An alphabetical list, by last name, of each physician
and a brief description of each disciplinary action, if any, taken against the
physician, in this state and elsewhere, which relates to the practice of
medicine and which is noted in the records of the Board. The Board shall
include, as part of the list on the website, the name of each physician whose
license has been revoked by the Board. The Board shall make the list on the
website easily accessible and user friendly for the public.

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

(f) Any other information required to be placed on
the website by any other provision of law.

2. Sections 1 to 182, inclusive, of this act become
effective upon passage and approval for the purpose of adopting regulations and
on July 1, 2003, for all other purposes.

3. Section 183 of this act becomes effective on July 1,
2003.

4. Sections 79.7 and 99 of this act expire by limitation on
the date on which the provisions of 42 U.S.C., § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or
more children,

are repealed
by the Congress of the United States.

________

CHAPTER 509, SB 370

Senate Bill No. 370Senator Rhoads

CHAPTER 509

AN ACT relating to
taxation; authorizing the board of county commissioners of certain counties to
impose an additional tax on the transfer of real property; requiring the
proceeds of the tax to be used for the control of invasive species and certain
endemic pests and weeds; creating an account for the rebate of the governmental
services tax to senior citizens; requiring the State Department of Agriculture
to present annually to each board of county commissioners proposed programs for
the control of such species, pests and weeds; and providing other matters
properly relating thereto.

[Approved: June 12, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 375 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. In
addition to all other taxes imposed on transfers of real property, the board of
county commissioners of a county whose population is less than 400,000 may
impose a tax at the rate of up to 5 cents for each $500 of value, or fraction
thereof, on each deed by which any lands, tenements or other realty is granted,
assigned, transferred or otherwise conveyed to, or vested in, another person,
if the consideration or value of the interest or property conveyed exceeds
$100.